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2025 DAILYLAW 57933 (ALL)

COL HARSH TOMAR v. STATE OF U.P. AND 7 OTHERS

NA529/1590/2025 · 2025-05-21

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87598 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1590 of 2025 Applicant :- Col Harsh Tomar Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Rahul Mishra,Suresh Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Case No.8293 of 2023 (Old No.1453 of 2020) (State Vs. Shalini and others) arising out of case crime no.112 of 2020 under Sections 420, 406, 506 IPC, Police Station Pallavpuram, District Meerut pending in the Court of Addl. Chief Judicial Magistrate, Court No.3, Meerut expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant before this Court is the informant of this case. The case is pending since 2020 but still the charges have not been framed by the trial court. It is further submitted that a discharge application moved by the accused persons is also pending and no effective proceedings are going on. Prayer has been made for the expeditious disposal of the case within a time frame. 4. I have considered the submissions and perused the entire record. 5. The applicant has made a prayer for expeditious disposal of the aforementioned case in a time bound manner. The Hon'ble Supreme Court in a recent judgement dated 29.2.2024 passed in the case of High Court Bar Association, Allahabad Vs State of U.P and others, (2024)6 SCC 267 has held as under :- "Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending; and" 6. Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the present case at this stage. 7. In the circumstances, the court concerned is directed to decide the discharge application moved by the accused persons within a period of two months from today and if the discharge application is rejected, then charges shall be framed in this case without any delay by the trial court and thereafter it shall make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary adjournments to either of the parties, keeping in view the work load in the said Court, if there is no other legal impediment. 8. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 9. With the above observations, the application stands disposed of. Order Date :- 22.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad