MOHD TAUFIQ ALIAS MONU AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/46127/2023 · 2025-07-20
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63205 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63205 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:118232 Court No. - 76 Case :- APPLICATION U/S 482 No. - 46127 of 2023 Applicant :- Mohd Taufiq Alias Monu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Giri,Haya Rizvi,Kameshwar Singh,Purti Agarwal,Surendra Kumar,Virendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicants and learned A.G.A. For the State. 2. The present application has been filed by applicants seeking direction to the Court below for early decision of Complaint Case No.50 of 2020 (Afifanoor Vs. Mohd. Taufique @ Monu and others), under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Maudaha, District Hamirpur within stipulated time. +
3. Learned counsel for the applicants submits that the proceedings before the court concerned be directed to be concluded in a time bound manner. It is further submitted by learned counsel for the applicants that a sum of Rs.20,000/- was deposited with the mediation centre of this Court for mediation, however, opposite party no.2 did not come for mediation as such the mediation amount may be returned to the applicants. 4. Learned AGA submits that the speedy trial is one of the essential requirement of judicial process and he submits that the present application may be decided in terms of judgement dated 29.2.2024 passed by Supreme Court in High Court Bar Association, Allahabad Vs State of U.P and others – 2023 INSC 150. 5. The prayer in the present application by the applicant is for disposal of the above mentioned case in a time bound manner. The Supreme Court in a recent judgement dated 29/2/2024 being High Court Bar Association, Allahabad Vs State of U.P and others (supra) 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 at this stage.
Considering the nature of prayer made by counsel for the applicants, the interest of justice would be served, in the event, the applicants apply before the court concerned for expeditious disposal of the above mentioned case. 7. In view of the aforesaid, the present application is disposed of with liberty to the applicants to prefer an application before the court concerned for disposal of the above mentioned case in a time bound manner. In the event any such application is filed by the applicants before the court concerned, the court concerned shall consider the same and pass appropriate order in accordance with law. It goes without saying that the prosecution shall co- operate in the trial court proceeding and shall produce the prosecution witness without delay. The informant shall also not be granted any unnecessary adjournment by the court concerned. 8. It is also provided that in the event there is any legal impediment before the court concerned in disposal of the case, then the court concerned shall pass an appropriate order disclosing the legal impediment as to why the proceedings of the above mentioned case cannot be proceeded with. 9. It is also clarified that if the opposite party no.2 had not appeared before the mediation centre and the amount had not been released by the mediation centre to opposite party no.2, the same shall be returned to the applicants within 15 days. 9. The present application under Section 528 BNSS is accordingly disposed of with the aforesaid direction. Order Date :- 21.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad