Hawaldar Pandey Vs the State of U.P. Thru. the Prin. Secy. Deptt. of Home, U.P. Lko. and Others

Neutral Citation No. - 2024:AHC-LKO:52624

Court No. - 11

Case :- APPLICATION U/S 483 No. - 430 of 2024 Applicant :- Hawaldar Pandey Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home, U.P. Lko. And Others Counsel for Applicant :- Pawan Kumar Mishra,Vikram Jeet Singh Rathore

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Counsel for Opposite Party :- G.A.,Shiv Ram Tewari

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the respondent no. 1 and Shri Shiv Ram Tewari, learned counsel for the respondents no. 2, 3 and 4.

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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 pending before it.

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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.

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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.

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Order Date :- 1.8.2024 J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Hawaldar Pandey v. the State of U.P. Thru. the Prin. Secy. Deptt. of Home, U.P. Lko. and Others

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Hawaldar Pandey v. the State of U.P. Thru. the Prin. Secy. Deptt. of Home, U.P. Lko. and Others

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