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2026 DAILYLAW 5494 (ALL)

PAPPU v. STATE OF U.P. AND ANOTHER

NA529/3976/2026 · 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. - 3976 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 the learned trial court to decide/expedite the Sessions Trial No. 810 of 2008 (State vs. Jagga @ Jagdish) arising out of Case Crime No. 263-A of 1996, under Sections 302, 394 IPC, P.S. Kotwali, District Ghaziabad pending before Additional District and Sessions Judge, Court No. 3, Ghaziabad, within stipulated period. 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 trial is of the year 2008, 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 application/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. 6. Hon’ble Apex Court in High Court Bar Association, Allahabad vs. Versus Counsel for Applicant(s) : Kunwar Bikram Suryabansh, Vinay Kumar Singh Chandel Counsel for Opposite Party(s) : G.A. Pappu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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.” 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. A perusal of certified copy of order-sheet reveals that the applicant is informant of aforesaid case crime number. Recording of whose deposition as PW-4 has already been concluded on 14.7.2026. Only the certified copy of order-sheet from 10.10.2025 to 14.7.2026 have been annexed. The bailable warrant against applicant was issued on 10.10.2025, which continued for several dates. On 9.1.2026, NBW was issued against him, which was cancelled by Court concerned on 14.1.2026. Thereafter, adjournment applications were moved by applicant/ informant on 2.2.2026, 20.2.2026, 10.3.2026, 30.3.2026, 15.4.2026, 4.5.2026, 11.5.2026, 21.5.2026 and his examination in chief was recorded on 29.5.2026. Cross- examination of applicant/ informant was deferred on 29.5.2026. However, on 17.6.2026 again an adjournment application was moved by him and his part cross -examination was recorded on 3.7.2026 and thereafter his cross-examination was concluded on 14.7.2026. Court concerned also directed Commissioner of Police, Ghaziabad and SSP, Aligarh to provide him security for recording his evidence vide it's order dated 4.7.2026. Thus, delay in recording statement of applicant/ informant is not attributable to Court concerned and the delay has occasioned only because of aforementioned reasons, which have been duly recorded in the order-sheet. The Court concerned is trying it's level best to conclude the pending trial. 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. NA529 No. 3976 of 2026 2 10. Accordingly, the present application is dismissed. September 8, 2026 Dhirendra/ NA529 No. 3976 of 2026 3 (Dr. Ajay Kumar-II,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad