HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3980 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 Criminal Misc. Case No. 1130 of 2025 (Kamlesh Singh vs. State of U.P.) under Sections 323, 504, 342 IPC, P.S. Ahraula, District Azamgarh pending before Additional District and Sessions Judge, Court No. 1, Azamgarh 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 in this case, applications were filed before the learned trial court on 08.05.2025 and 28.08.2025 which are still pending and have not been decided till now. Therefore, he requested that a direction to learned trial court be issued to decide the aforesaid Criminal Misc. 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. State of U.P. and others, (2024) 6 SCC 267 has observed in paragraph Versus Counsel for Applicant(s) : Hari Prakash Tiwari Counsel for Opposite Party(s) : G.A. Kamlesh Singh .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 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 record reveals that respondent nos. 2 and 3 were summoned by summoning order dated 19.11.2024. Thereafter a criminal revision against aforesaid summoning order was preferred on 27.3.2025. In the proposed criminal revision, an application dated 8.5.2025 was filed which is allegedly pending adjudication. By the aforesaid application dated 8.5.2025 applicant/ complainant requested Court concerned to register a criminal misc. case against the revisionist Jagdamba and to punish him under Section 229 BNS (Section 193 IPC). However, later on a Criminal Misc. Application No. 1130 of 2025 was filed before Sessions Judge, Azamgarh to pass an order on application dated 8.5.2025. A perusal of this application dated 28.8.2025 reveals that aforesaid proposed criminal revision was pending in the Court of Additional Sessions Judge- I, Azamgarh and application dated 8.5.2025 was also filed in the said Court. However, a perusal of application dated 8.5.2025 reveals that same was filed in the Court of Additional Sessions Judge, Azamgarh. Surprisingly, learned Sessions Judge has been requested to pass an order on the application dated 8.5.2025 which is allegedly pending in the Court of Ist Additional Sessions Judge, Azamgarh as per application dated 28.8.2025. However, a perusal of certified copy of order-sheet of Criminal Misc. Case No. 1130 of 2025 reveals that the aforesaid criminal misc. case is pending in the Court of Ist Additional Sessions Judge, Azamgarh, but it is not clear that whether proposed criminal revision has been formerly registered as criminal revision or not. It appears that applicant is not interesting in disposal of criminal revision and he is rather more interested in getting criminal misc. case registered against respondent no. 2 even without final disposal of aforesaid proposed criminal revision and that's why he has not annexed the order-sheet of concerned proposed criminal revision. Therefore, learned counsel for the applicant has failed to make out any exceptional circumstances to issue direction for time-bound/expeditious disposal of criminal misc. case, at this stage. Accordingly, relief sought by way of present application is NA529 No. 3980 of 2026 2 hereby refused. 9. However, in case the applicant co-operates in early disposal of proposed criminal revision pending before Court concerned then he is at liberty to move an application before Court concerned, for early disposal of Criminal Misc. Case 1130 of 2025 and in case such an application is moved before Court concerned, the same shall be decided strictly in accordance with law at an appropriate stage, specifically in the light that the applicant is seeking registration of criminal misc. case for punishing respondent no. 2 under Section 229 BNS (193 IPC). 10. It is also provided that in the event there is any legal impediment before the court concerned in disposal of aforesaid criminal misc. 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 direction. September 8, 2026 Dhirendra/ NA529 No. 3980 of 2026 3 (Dr. Ajay Kumar-II,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad