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2026 DAILYLAW 5226 (ALL)

PRADEEP YADAV v. STATE OF U.P. AND ANOTHER

NA529/3937/2026 · 2026-09-07

Ajay Kumar Ii

Writ Petition (Criminal)body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3937 of 2026 Court No. - 78 HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Brijesh Kumar Yadav, 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 trial Court to conclude the trial proceedings in stipulated time frame of Session Case No. 31201/2020, arising out of Case Crime No. 222/2020, under Section 380 IPC, P.S. G.R.P. Central, District Kanpur Nagar, which is pending before Additional Civil Judge (S.D.), Court No.5, Kanpur Nagar. 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 he is an accused in the aforesaid case, which case 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 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 Versus Counsel for Applicant(s) : Brijesh Kumar Yadav, Sabhajeet Yadav Counsel for Opposite Party(s): G.A. Pradeep Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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, 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. 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. 9. Considering the nature of prayer made by learned counsel for the applicant, the interest of justice would be served, in the event, the applicant applies before the Court concerned for expeditious disposal of the above mentioned case. Therefore, the applicant is given a liberty to move an appropriate application before trial Court concerned for bringing out all such facts, which are necessary for expeditious disposal of his case within two weeks from today and in case, such an application is moved, the trial Court shall decide the same within six weeks from the date of filing of such application. If, the trial Court comes to the conclusion that the case for expeditious disposal is made out, then in that eventuality, it shall decide the same as expeditiously as possible within a reasonable period. 10. It is also provided that in the event there is any legal impediment NA529 No. 3937 of 2026 2 before the Court concerned in disposal of the case, then the Court concerned shall pass an appropriate order disclosing the legal impediment as to why the proceedings of the above mentioned case cannot be proceeded with. 11. Accordingly, the present application is disposed of with aforesaid observation/direction. September 8, 2026 Monika NA529 No. 3937 of 2026 3 (Dr. Ajay Kumar-II,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad