The High Court of Judicature at Allahabad, in an application under Section 482 Cr.P.C., denied a direction to the lower court for early disposal of a pending case due to lack of special circumstances, dismissing the application.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 11393 of 2023
Applicant :- Pawan Saini Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suman Mishra,Arun Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State.
The instant application u/s 482 Cr.P.C. has been filed for a direction to the Court below i.e. A.D.J./F.T.C. Court No.3 Moradabad to decide S.T. No. 1014 of 2017 (State vs. Pawan Saini and others) arising out of Case Crime No. 560 of 2016, under Sections 380/452, 411, 413 I.P.C., P.S. Bhojpur, District Moradabad.
Admittedly, the case is of the year 2017. It is well settled law that the Court shall not issue direction in a mechanical manner to expedite the case as it creates additional work in the court concerned when oldest cases are pending. In the present case, there are no special circumstances which call for a direction for early disposal of the said case. As such, no such direction, as prayed for, can be issued to the court concerned. The present application is accordingly dismissed.
Order Date :- 19.4.2023 S.S.
Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to issue a direction to the lower court for early disposal of the pending case
Pawan Saini
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
