HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3941 of 2026 Court No. - 78 HON'BLE DR. AJAY KUMAR-II, J. 1. Heard learned counsel for the applicant, learned A.G.A. for State and perused material on record. 2. The present application has been filed by the applicant with prayer to direct Additional Chief Judicial Magistrate, Court No. 19, Deoria to decide/expedite the Complaint Case No. 4632 of 2025 (Bhupendra Yadav Vs. Shashikant Mishra and others), under Sections 316, 318, 352, 351(2) BNSS, Police Station Salempur, District Deoria. 3. Learned counsel for the applicant submits that the proceedings before the court concerned be directed to be concluded in a time bound manner. It is submitted by learned counsel for the applicant that matter belongs to the year 2025, which is still pending and has not been decided till now. Therefore, he requested that a direction to learned trial court be issued to decide the aforesaid case within a stipulated period of time. 4. Learned A.G.A. has no objection in this regard if the Court below is not already overloaded with huge pendency of such cases. 5. Hon’ble Apex Court in Shaikh Uzma Feroz Hussain vs. State of Maharashtra in Writ Petition (Criminal) No. 587 of 2023 has observed that every High Court and every Court in the country has a huge pendency, the constitutional Court should avoid temptation of fixing a time bound schedule for disposal of any case before any Court unless the situation is extra ordinary. Hon’ble Apex Court in High Court Bar Association, Allahabad vs. State of U.P. and others, (2024) 6 SCC 267 has observed in paragraph 42, which is reproduced as under:- “Constitutional Courts should not normally fix a time-bound schedule for disposal of Versus Counsel for Applicant(s) : Ajay Bahadur Yadav, Sanjeev Yadav Counsel for Opposite Party(s) : G.A. Bhupendra Yadav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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.” 6. Thus, law on issue of time bound and / or expeditious disposal has already been well settled that only when an exceptional circumstance is made out, a direction for time bound/ expeditious disposal of such a case can be issued not otherwise. 7. Learned counsel for applicant has failed to make out any exceptional circumstance for issuance of direction for time bound disposal of complaint case pending before Court below. However, applicant is given liberty to move an appropriate application before Court concerned for bringing out such fact for expeditious disposal of his complaint case pending before it within two weeks from today and in case such an application is moved, the Court concerned shall decide the same within 6 weeks from the date of filing of such application. If Court concerned comes to conclusion that the case for expeditious disposal is made out then in that eventuality it shall decide the same as expeditious as possible within a reasonable period. 8. A perusal of certified copy of order-sheet reveals that the applicant was consistently present before the Court below on the dates fixed before it, for recording evidence under Section 223 BNSS, however no reason is mentioned in any of the order that why statement of applicant/complainant was not recorded, inspite of his presence before the Court below. Such casual approach cannot be appropriate. Therefore, the learned trial Court shall make all endevour for recording statements of the applicant/ complainant and his witnesses under Section 223 of BNSS. 9. Accordingly, the present application is disposed of finally. September 8, 2026 Dhirendra/ NA529 No. 3941 of 2026 2 (Dr. Ajay Kumar-II,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad