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Neutral Citation No. - 2025:AHC:91624 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1552 of 2025 Applicant :- Faeem Alias Atm Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Mishra 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 Sessions Trial No. 173 of 2025 under Sections 25/27 (2) of Arms Act, Police Station- Pakbara, District- Moradabad pending in the Court of learned Additional District and Sessions Judge, Court No.6, Moradabad expeditiously within stipulated period. 3. It is submitted by the learned counsel for the applicant that the applicant before this Court is the accused in the aforesaid criminal case. It is further submitted that after framing of the charge in this matter the case is pending at the stage of evidence but for non- appearance of the witnesses the matter is lingering on. The Court concerned is not taking proper interest in disposal of the said session trial. 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