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2025 DAILYLAW 59455 (ALL)

AISHWARYA TRIPATHI v. STATE OF U.P. AND ANOTHER

NA529/1606/2025 · 2025-05-22

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88044 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1606 of 2025 Applicant :- Aishwarya Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Dixit,Dhruva Dixit 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 Revision No. 228 of 2024 relating to Criminal Misc. Case No. 651 of 2023, under Section 138 Negotiable Instrument Act, Police Station Lalpur / Pandeypur, District Varanasi pending in the Court of Sessions Judge, Varanasi 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 revisionist in the said revision which was preferred challenging the interim order passed by the Court concerned and same is pending since 24.6.2024. The Court concerned is not taking proper interest in disposal of the said revision. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. The applicant has made a prayer for expeditious disposal of the aforementioned criminal revision 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 revision 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 revision 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 further observed that if the delay is caused on account of the Court being vacant, the Sessions Judge, Varanasi is further directed to either hear the aforesaid criminal revision himself or it should be transferred to any running Court. 10. 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. 11. With the above observations, the application stands disposed of. Order Date :- 23.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad