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2025 DAILYLAW 76526 (ALL)

SARVESH KUMAR v. STATE OF U.P. AND 2 OTHERS

NA529/2287/2025 · 2025-07-20

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118153 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2287 of 2025 Applicant :- Sarvesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Surendra Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 of BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Case No. 948 of 2019, arising out of case crime no. 189 of 2019, under Sections 420, 467, 468, 471, 506 IPC, Police Station Milak Khanam, District Rampur, pending in the Court of C.J.M. Rampur, expeditiously within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant is the informant in the said case and case pertains to the year 2019. Statement of PW-1 was recorded but no witness has been produced by the prosecution subsequently and the case is at the stage of recording the evidence of remaining witnesses. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the case is pending at the stage of evidence but as of now only one prosecution witness has been examined. In the circumstances, the Court concerned is directed to invoke the powers given to it under the law to ensure the presence of the remaining witnesses by sending appropriate process to them. 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." 8. Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the said case at this stage. However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to make all endeavours for expeditious disposal of the aforesaid case, if there is no legal impediment and also keeping in view the work load of the said Court. It is further directed that no unnecessary adjournment will be sought/granted. 9. 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. 10. With the above observations, the application stands disposed of. Order Date :- 21.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad