Single judge application seeking direction to expeditiously decide pending proceedings was disposed of. Court issued liberty to move urgency application before concerned court.
Applicant permitted to move urgency application before concerned court; concern court to consider expediting based on urgency.
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Neutral Citation No. - 2024:AHC-LKO:56487
Court No. - 11
Case :- APPLICATION U/S 483 No. - 551 of 2024
Applicant :- Shivangi Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Vijayendra Prakash Tripathi,Harsh Prakash Counsel for Opposite Party :- G.A.
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 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 concerned 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 :- 20.8.2024
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 concerned court to expedite pending proceedings under Section 483 Cr.P.C.
Colour shows how this judgement treated each authority
High Court Bar Association, Allahabad Vs. State of U.P and OrsReferred¶8
High Court Bar Association, Allahabad Vs. State of U.P and Ors- 2024 (256) AIC 66 (SC)
1 provisions across 1 enactments
Shivangi Singh
State Of U.P. Thru. Prin. Secy. Home Lko. And Others
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
