HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3790 of 2026 Court No. - 78 HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Harsh Narayan Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 529 of BNSS has been filed by the applicant with a prayer to direct the Principal Judge, Family Court, Banda to decide the Criminal Misc. Case No. 111/XI of 2026 (Smt. Rakhi Singh vs. Sunil Kumar) under Section 144 (3) BNSS, Police Station Kotwali Nagar, District Banda, pending before him within stipulated period as fixed by this Court. 3. It is submitted by learned counsel for the applicant that in this case, an application under Section 144 (3) BNSS was filed before the learned trial Court, which is still pending and has not been decided till date, therefore, he requested that a direction to learned trial Court be issued to decide the aforesaid case within 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 extraordinary. 6. 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, Versus Counsel for Applicant(s) : Harsh Narayan Singh Counsel for Opposite Party(s) : G.A. Smt Rakhi Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) which is reproduced as under:- "Constitutional Courts should not normally fix a time-bound schedule for disposal of cases pending in any Court. The pattern of pendecny 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." 7. Thus, law as far as issuance of a direction for time-bound/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. 8. From the perusal of the records reveals that aforesaid criminal case was filed on 17.03.2026 and on the very first date, recovery warrant against the opposite party no. 2 was issued by the learned trial Court. Thereafter, even on 19.06.2026, recovery warrant was again ordered to be issued by the learned trial Court, therefore, there seems to be no delay in conducting the present criminal case by the trial Court. 9. Learned counsel for the applicant has failed to make out any exceptional circumstances to issue direction for time-bound/expeditious disposal of case, at this stage. Accordingly, relief sought by way of present application is hereby refused. 10. In view of the above, the present application is dismissed. September 8, 2026 Monika NA529 No. 3790 of 2026 2 (Dr. Ajay Kumar-II,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad