Applicant sought a direction for expeditious disposal of pending proceedings below. Relying on the Supreme Court Constitution Bench ruling against time-bound schedules, the court instead permitted the applicant to seek expedition before the trial court by pointing out grounds of urgency.
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Neutral Citation No. - 2024:AHC-LKO:51363
Court No. - 11
Case :- APPLICATION U/S 529 BNSS No. - 1 of 2024
Applicant :- M/S S.N. Aaloo Company Thru. Proprietor Nadeem Ahmad Opposite Party :- Deena Nath Counsel for Applicant :- Mohd. Muballi Gussalam
Hon'ble Abdul Moin,J.
1. Heard learned counsel for the applicants and learned AGA appearing on behalf of the State.
2. Instant application under 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 pending before it.
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 applicants to move an application before the concerned Court pointing out the grounds of urgency. In the event, the applicants do so, the concerned Court may consider whether the case should be expedited having regard to the urgency of the case.
Order Date :- 29.7.2024 A. Katiyar
Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the High Court should direct the court below to expedite disposal of pending proceedings under Section 529 BNSS, given the Supreme Court's bar on time-bound schedules.
Colour shows how this judgement treated each authority
High Court Bar Association, Allahabad Vs. State of U.P and OrsRelied on¶3
2024 (256) AIC 66 (SC)
1 provisions across 1 enactments
M/S S.N. Aaloo Company Thru. Proprietor Nadeem Ahmad
Deena Nath
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
