Abishek Giri v. State of U.P & Anr.
Case at a glance
- Order date
- 09 May 2025
- Neutral citation
- 2025:AHC:75486
Outcome
Disposed of
application is disposed of with a direction to the court concerned to
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 529
- Code of Criminal Procedure, 1973 ss. 133, 397
Key paragraphs
- Para 99. With the above observations, the application stands disposed of. Order Date :- 9.5.2025 Imtiyaz
Judgment
Hon'ble Nalin Kumar Srivastava,J.
This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Revision No. 446 of 2024 (Anikesh Giri Vs. State of U.P. & others), under Section 397 Cr.P.C. against the order dated 30.10.2024 passed by Sub Divisional Magistrate, Sadar, Azamgarh, under Section 133 Cr.P.C. in Case No.10338 of 2022, Police Station Mubarakpur, District Azamgarh, expeditiously within stipulated period.
Heard learned counsel for the applicant as well as learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that the applicant has filed a criminal revision against the order dated 30.10.2024 passed by Sub Divisional Magistrate, Sadar, Azamgarh, under Section 133 Cr.P.C. in Case No.10338 of 2022, Police Station Mubarakpur, District Azamgarh but the said revision is pending before the Sessions Judge, Azamgarh but the Court concerned is not taking proper interest in disposal of the said revision. The opposite party-2 is also applying delaying tactics in disposal of the said case.
Learned AGA opposed the prayer.
I have considered the submissions and perused the record.
The applicant has made a prayer for expeditious disposal of the aforementioned criminal revision in a time bound manner. The Hon'ble Supreme Court in a recent judgement dated 29.2.2024 passed in the case of High Court Bar Association, Allahabad vs. State of U.P. and others, (2024) 6 SCC 267 has held as under : "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......."
Operative part
Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the said case at this stage. However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to make all endeavours for expeditious disposal of the aforesaid case, as the case is an old case, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted.
It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.
With the above observations, the application stands disposed of. Order Date :- 9.5.2025 Imtiyaz
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: application is disposed of with a direction to the court concerned to
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 529; Code of Criminal Procedure, 1973 — ss. 133, 397.
Which court decided this case, and when?
Allahabad High Court, on 09 May 2025.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.