Neutral Citation No. - 2025:AHC:81388 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1437 of 2025 Applicant :- Sai Mohd. Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abdul Mateen 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 Session Trial No. 84 of 2019, arising out of case crime no. 1404 of 2017, under Sections 308 323, 504, 506 IPC, Police Station Lotan, District Siddharth Nagar pending in the Court of Sessions Judge, Siddharth Nagar, expeditiously within 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 is the accused in the said session trial and same is pending since 2019. The Court concerned is not taking proper interest in disposal of the said case. The case is at the stage of recording evidence but as of now no witness has been examined. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the case is pending at the stage of evidence but no evidence is being adduced by the prosecution. In the circumstances, the Court concerned is directed to invoke the powers given to it under the law to ensure the presence of the witnesses by sending appropriate process to them. 7. The applicant has made a prayer for expeditious disposal of the aforementioned session trial 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." 8. Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the said session trial at this stage. However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to make all endeavours for expeditious disposal of the aforesaid session trial keeping in view the work load in the said Court, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 9. 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. 10. With the above observations, the application stands disposed of. Order Date :- 16.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad