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2025 DAILYLAW 75505 (ALL)

SMT SUMAN YADAV v. STATE OF U.P. AND 6 OTHERS

NA529/2239/2025 · 2025-07-30

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128723 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2239 of 2025 Applicant :- Smt Suman Yadav Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Dharmendra Kumar Shukla Counsel for Opposite Party :- Dheeraj Kumar Maurya,G.A.,Narendra Kumar Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Session Trial No.561 of 2024 (State Vs. Satya Yadav and others) arising out of case crime no.434 of 2024 under Sections 147, 148, 149, 323, 506, 302, 307, 34 IPC, Police Station Khalilabad, District Sant Kabir Nagar pending in the Court of Sessions Judge, Sant Kabir Nagar, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant, learned counsel for the opposite parties no.2 to 7 as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant before this Court is the informant in this case. The matter is pending at the stage of prosecution evidence. Only three witnesses have been examined so far whereas there are total 45 witnesses in this case as per charge-sheet. The trial court may be given a direction for the expeditious disposal of the case within a time frame. 4. Learned counsel for the opposite parties no.2 to 7 opposed the application. 5. I have considered the submissions and perused the entire record. 6. This is the prerogative of the prosecution as to how many witnesses are to be produced before the court. At this stage it cannot be said as to what number of the witnesses have to be examined by the court. 7. 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" 8. 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. 9. In the circumstances, the court concerned is directed to make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary adjournments to either of the parties, keeping in view the work load in the said Court, if there is no other legal impediment. 10. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 11. With the above observations, the application stands disposed of. Order Date :- 31.7.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad