Deepak Kumar v. State Of U.P. And 4 Others

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 S.T. No. 48 of 2020, arising out of case crime no.100 of 2019, under Sections 147, 323, 308, 504, 506, 325 IPC, Police Station Vijay Nagar, District Ghaziabad, pending in the Court of Additional District Judge, Court No.1, Ghaziabad 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 is the informant in the said case and same is pending since long. It is further submitted that only PW-1 has been examined and the case is pending at the stage of recording of evidence of remaining witnesses. The Court concerned is not taking proper interest in disposal of the said case.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record.

It reveals from the perusal of the order sheets that the said case is pending at the stage of recording of the evidence of witnesses. It also reveals that some documents were missing and the Court was engaged to procure the said missing documents.

The applicant has made a prayer for expeditious disposal of the aforementioned session trial 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. "

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 :- 28.5.2025 MAHBOOB SAFI High Court of Judicature at Allahabad