APHC010255972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4049/2026 Between: 1. LANKA RASHIDAR, ,S/O CHANTI BABU,HINDU, AGED ABOUT 40 YEARR/O FLOT NO 202, ROSEWOODSECOND LINE SEETA NAGAR,BEHIND PADMAJA PETROL BURK,OLD GUNTUR, GUNTUR CITY. ...PETITIONER/ACCUSED AND 1. MANUKONDA SWETHA, ,D/O SEETHARAMAIAH,AGED ABOUT 40 YEARS,R/O D NO.3-17, DOSAPALEM VILLAGE,PEDDAPALAKALURU PANCHAYETI,GUNTURU RURAL MANDALAM.GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, ,REP. BY INSPECTOR OF POLICE,NALLAPADU POLICE STATION,THROUGH PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. N V MOHANA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. 2 Dr.YLR, J Crl.P.No.4049 of 2026 Dated 06.05.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C’) / Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), seeking direction to the learned Trial Court to expedite the disposal of C.C.No.866 of 2023 on the file of the learned Judicial First Class Magistrate for Special Mobile Court, Guntur. 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the Petitioner seeks expeditious disposal of the C.C.No.866 of 2023 on the file of the learned Trial Court. In this regard, it is apposite to mention the judgment of the Hon’ble Apex Court in Abdul Rehman Antulay v. R.S. Nayak1, wherein at paragraph No.86 (10) held as under: “(10) It is neither advisable nor practicable to fix any time-limit for trial of offences. Any such rule is bound to be qualified one. Such rule cannot also be evolved merely to shift the burden of proving justification on to the shoulders of the prosecution. In every case of complaint of denial of right to speedy trial, it is primarily for the prosecution to justify and explain the delay. At the same time, it is the duty of the court to weigh all the circumstances of a given case before pronouncing upon the complaint. The Supreme Court of USA too has repeatedly refused to fix any such outer time-limitin spite of the Sixth Amendment. Nor do we think that not fixing any such outer limit ineffectuates the guarantee of right to speedy trial.” 1(1992) 1 SCC 225 3 Dr.YLR, J Crl.P.No.4049 of 2026 Dated 06.05.2026 4. The Hon’ble Apex Court in High Court Bar Association, Allahabad v. State of U.P2 at paragraph No.32 held as under: “32. Therefore, constitutional Courts should not normally fix a time- bound schedule for disposal of cases pending in any Court. The pattern of pendency of various categories of cases pending in every Court, including High Courts, is different. The situation at the grassroots level is better known to the judges of the concerned Courts. Therefore, the issue of giving out-of- turn priority to certain cases should be best left to the concerned Courts. The orders fixing the outer limit for the disposal of cases should be passed only in exceptional circumstances to meet extraordinary situations.” 5. It is observed that the practice of giving directions to the learned Trial Courts fixing the schedule for disposal of the cases were deprecated by the Hon’ble Apex Court in Abdul Rehman Antulay and High Court Bar Association, Allahabad supra. However, the right to speedy disposal is one of the facets of the fundamental right guaranteed under Article 21 of the Constitution of India. 6. Considering the facts and circumstances of the case, ‘the learned Trial Court’, is directed to dispose of the case in C.C.No.866 of 2023 as expeditiously as possible, and submit a report to that effect to the Registrar (Judicial). 7. In the result, the Criminal Petition is disposed of. As a sequel, miscellaneous petitions, if any pending shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 06.05.2026 KMS 2AIROnline 2024 SC 143 4 Dr.YLR, J Crl.P.No.4049 of 2026 Dated 06.05.2026 198 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4049 of 2026 Date: 06.05.2026 KMS