DR. OMPAL SINGH SIROHI v. STATE OF U.P. AND 4 OTHERS
NA529/1551/2025 · 2025-05-27
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61225 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61225 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:91642 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1551 of 2025 Applicant :- Dr. Ompal Singh Sirohi Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Rohit Sharan Tomar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant 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 Case No. 966 of 2024 in case crime no. 543 of 2023 under Sections 420, 406, 120- B I.P.C., Police Station- Nandgram, District- Ghaziabad pending in the Court of learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Court No. 3, Ghaziabad expeditiously within stipulated period. 3. It is submitted by the learned counsel for the applicant that the said criminal case is pending since 2023. It is further submitted that since some accused persons are not appearing before the Court the matter is pending for appearance. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 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. 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 without granting unnecessary adjournment to either of the parties. 7. With the above observations, the application stands disposed of.
Order Date :- 28.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad