Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 58858 (ALL)

AKRAM KHAN 2 OTHERAS v. STATE OF U.P. AND ANOTHER

NA529/1424/2025 · 2025-05-15

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:81382 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1424 of 2025 Applicant :- Akram Khan 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. For the State. 2. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Sessions Trial No. 183 of 2023 in case crime no. 176 of 2021 under Sections 302, 201 I.P.C., Police Station- Charwa, District- Kaushambi pending in the Court of learned District and Sessions Judge, Kaushambi expeditiously within stipulated period. 3. It is submitted by the learned counsel for the applicants that the applicants are the accused persons in the said case. It is further submitted that only three prosecution witnesses have been examined so far. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said session trial. 4. Learned AGA opposed the prayer. 5. The applicants 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 applicants has not shown any exceptional circumstances to issue direction for time bound disposal of the present case at this stage. However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to decide the aforesaid case expeditiously, keeping in view the heavy work load in the said Court, without granting unnecessary adjournment to either of the parties. 7. The present application is accordingly disposed of with the aforesaid direction. Order Date :- 16.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad