Dr. Masood Anwar Khan vs State of U.P. Thru. Home Secy. Lko. and Another

Neutral Citation No. - 2024:AHC-LKO:61838

Court No. - 11

Case :- APPLICATION U/S 482 No. - 8032 of 2024

Applicant :- Dr. Masood Anwar Khan Opposite Party :- State Of U.P. Thru. Home Secy. Lko. And Another Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Abdul Moin,J.

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1. Heard learned counsel for the applicant and learned AGA appearing on behalf of the State.

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2. Instant application under Section 482 Cr.P.C has been filed praying for a direction to the learned court below to expeditiously decide the proceedings pending before it.

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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.

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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.

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Order Date :- 9.9.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Dr. Masood Anwar Khan v. State of U.P. Thru. Home Secy. Lko. and Another

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Dr. Masood Anwar Khan v. State of U.P. Thru. Home Secy. Lko. and Another

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