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2026 DAILYLAW 8117 (ALL)

RAMAWADH v. STATE OF UTTAR PRADESH AND 8 OTHERS

A227/12119/2026 · 2026-09-13

Vikram D Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12119 of 2026 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned A.G.A. For the State. 2. The present petition has been filed with the following prayer:- "a) Direction upon the Civil Judge (Junior Division)/F.T.C.-II, Chandauli to decide the Criminal Case No.2274 of 2016 (State Versus Shiv Shanker and others), arising out of Case Crime No.0019 of 2016, CNR No.UPCDO40012222016, under Section 147, 323, 504, 506, 324, 325 I.P.C., Police Station Dheena, Chandauli pending before him expeditiously or within the period fixed by this Hon'ble Court for the same." 3. Learned counsel for the petitioner 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 petitioner that the petitioner is informant. 4. Learned AGA submits that the speedy trial is one of the essential requirement of judicial process and he submits that the present petition may be decided in terms of judgement dated 29.2.2024 passed by Supreme Court in High Court Bar Association, Allahabad Vs State of U.P and others – 2023 INSC 150. 5. The prayer in the present petition is for disposal of the above mentioned case in a time bound manner. The Supreme Court in a recent judgement dated 29/2/2024 being High Court Bar Association, Allahabad Vs State of U.P and others (supra) has held as under :- Versus Counsel for Petitioner(s) : Ashutosh Kumar Singh, Dinesh Kumar Pandey Counsel for Respondent(s) : G.A. Ramawadh .....Petitioner(s) State Of Uttar Pradesh And 8 Others .....Respondent(s) "Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending; and" 6. Learned counsel for the petitioner has not shown any exceptional circumstances to issue direction at this stage. Considering the nature of prayer made by counsel for the petitioner, the interest of justice would be served, in the event, petitioner applies before the court concerned for expeditious disposal of the above mentioned case. 7. In view of the aforesaid, the present petition is disposed of with liberty to the petitioner to prefer an application before the court concerned for disposal of the above mentioned case in a time bound manner. In the event any such application is filed by the petitioner before the court concerned, the court concerned shall consider the same and pass appropriate order in accordance with law. It goes without saying that the prosecution shall co-operate in the trial court proceeding and shall produce the prosecution witness without delay. The accused person shall also not be granted any unnecessary adjournment by the court concerned. 8. It is also provided that in the event there is any legal impediment 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. 9. The present petition is accordingly disposed of with the aforesaid direction. September 14, 2026 D. Tamang A227 No. 12119 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad