Kripal Das vs State Of U.P. Thru. Addl. Chief Secy. ...
2025 Latest Caselaw 1240 ALL

Allahabad High Court

Kripal Das vs State Of U.P. Thru. Addl. Chief Secy. ... on 2 June, 2025

Author: Abdul Moin

Bench: Abdul Moin

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:34212
 
Court No. - 3
 

 
Case :- APPLICATION U/S 483 No. - 465 of 2025
 

 
Applicant :- Kripal Das
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others
 
Counsel for Applicant :- Shubham Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abdul Moin,J.
 

1. Heard learned counsel for the applicant and learned AGA appearing on behalf of the State. No noting is being issued to the respondents No.2 & 3 taking into consideration the nature of order proposed to be passed.

2. Instant application under Section 483 Cr.P.C (Now Section 529 of the Bharatiya Nagarik Suraksha Sanhita, 2023) has been filed praying for a direction to the learned court below to expeditiously decide the proceedings of Case No.97865 of 2022 In Re State of U.P. vs Smt. Bittan Devi & Ors pending before learned Additional Chief Judicial Magistrate, Court No.31, District Lucknow.

3. On the other hand learned AGA on the basis of Constitution Bench judgment in the case of High Court Bar Association, Allahabad Vs. State of U.P and Ors- 2024 (256) AIC 66 (SC) argues that the Hon'ble Supreme Court has held that the constitutional Courts should not normally fix a time-bound schedule for disposal of cases pending in any Court. It has further been held in the said judgment that the issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending.

4. Considering the aforesaid Constitution Bench judgment of the Apex Court in the case of High Court Bar Association, Allahabad (supra) the instant application is disposed of permitting the applicant to move an application before the concerned Court pointing out the grounds of urgency. In the event, the applicant does so, the concerned Court may consider whether the case should be expedited having regard to the urgency of the case.

Order Date :- 2.6.2025

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