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Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1565 of 2025 Applicant :- Pawan Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Bhushan Upadhyay 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. 446 of 2019 in case crime no. 556 of 2018 under Sections 419, 420, 467, 468, 471 I.P.C., Police Station- Kareli, District- Allahabad pending in the Court of learned Additional Chief Judicial Magistrate, Court No.7, Allahabad expeditiously within stipulated period. 3. It is submitted by the learned counsel for the applicant that the applicant before this court is one of the accused person. It is further submitted that the matter is pending at the stage of evidence and evidence of P.W.1 is going on and not completed as yet. 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, keeping in view the fact that the matter is very old, 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. The present application is accordingly disposed of with the aforesaid direction.
Order Date :- 22.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad