Neutral Citation No. - 2025:AHC:93398 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1732 of 2025 Applicant :- Garun Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Pandey,Veerendra Singh 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 Criminal Misc. Case No. 276 of 2025 under Section 379 BNSS, Police Station- Khadda, District- Kushinagar pending in the Court of learned Additional Principal Judge, Family Court, Kushinagar expeditiously within stipulated period. 3. It is submitted by the learned counsel for the applicant that opposite party no.2 made some false statements in the affidavit filed before the Court during proceeding under Section 125 Cr.P.C. and that is why the application under Section 379 BNSS was moved. The said proceeding which was started from 11.3.2025 but the opposite party no.2 has not appeared so far. It is also submitted that as per order passed by the learned trial Court under Section 125 Cr.P.C. a huge amount has been paid till date by the present applicant/ husband and now the trial Court is not taking interest for the expeditious disposal of the aforesaid 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 procure the presence of opposite party no.2 and thereafter decide the aforesaid case expeditiously provided the present applicant cooperates with the trial and without granting unnecessary adjournment to either of the parties. 7. With the above observations, the application stands disposed of. Order Date :- 30.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad