Divakar vs Vijay Pandey and Another — Allahabad HC (2025) — LawSathi Research

Divakar vs Vijay Pandey and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No direction for time-bound disposal issued by this Court; liberty granted to the applicant to approach the trial Court within two weeks with an application detailing urgency along with this Court's order, and the trial Court is to consider and decide such application within three weeks thereafter, passing appropriate orders in accordance with law if urgency is made out.

Issue for consideration

Whether the trial Court may be directed to decide Criminal Case No. 140 of 2020 (Divakar Kori Vs. Vijay Pandey and another), pending before the Special Judge (SC/ST Act), Sultanpur, in a time bound manner.

Court's answer

This Court was not inclined to interfere in the matter at this stage; liberty was granted to the applicant to approach the trial Court and move an appropriate application.

Ratio / Principle

The applicant may move the urgency application, along with this Court's order, within two weeks; the trial Court shall consider and decide such application within three weeks thereafter, and if a case for urgency is made out, it shall pass appropriate orders in accordance with law.

Key takeaways

This Court has not examined the case of either of the parties on merit; the Court concerned shall decide the matter strictly in accordance with law.obiter¶13

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Alok Mathur, J.) - Application u/s 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (483 Cr.P.C.) by Divakar seeking expeditious, time-bound disposal of Criminal Case No. 140 of 2020 (Divakar Kori v. Vijay Pandey and another) under Sections 323, 504, 506 & 452 IPC and Section 3(1)(Da)(Dha) of the SC/ST Act, pending before the Special Judge (SC/ST Act), Sultanpur, on the ground that despite listing the case was not being decided. HELD: the Court was not inclined to interfere at that stage; the applicant was granted liberty to approach the trial Court within two weeks with an application detailing urgency, accompanied by this Court's order; the trial Court was to consider and decide such application within three weeks and, if urgency was made out, pass appropriate orders in accordance with law. It was clarified that the merits of either party's case were not examined. Application disposed of. Order dated 19.5.2025.

Neutral Citation No. - 2025:AHC-LKO:29339

Court No. - 12

Case :- APPLICATION U/S 483 No. - 400 of 2025

Applicant :- Divakar Opposite Party :- Vijay Pandey And Another Counsel for Applicant :- Gudiya Yadav

Hon'ble Alok Mathur,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

In view of the proposed order notice to private opposite party is dispensed with.

By means of the present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (483 Cr.P.C.) a prayer has been made for expeditious disposal of Criminal Case No. 140 of 2020 (Divakar Kori Vs.Vijay Pandey and another) under Sections 323, 504, 506 & 452 IPC and Section 3 (1) (Da) (Dha) of the SC/ST Act pending before the learned Special Judge (SC/ST Act), Sultanpur.

It is urged that though the matter is being listed but for one reason or the other, the aforesaid case is not being decided.

After arguing the matter at some length, learned counsel for applicant submits that trial Court may be directed to decide Criminal Case No. 140 of 2020 (Divakar Kori Vs.Vijay Pandey and another) under Sections 323, 504, 506 & 452 IPC and Section 3 (1) (Da) (Dha) of the SC/ST Act in a time bound manner.

At this stage, this Court is not inclined to interfere in the aforesaid matter. However, liberty is granted to the applicant to approach the trial Court and move an appropriate application

detailing urgency for expeditious disposal of aforesaid case, along with the order passed by this Court, within two weeks from today, and in case, if such an application is moved, the trial Court shall consider and decide the same within three weeks thereafter, and in case any case for urgency is made out by the applicant, it shall pass appropriate orders thereupon, in accordance with law.

It is made clear that this Court has not examined the case of either of the parties on merit and the Court concerned shall decide the matter strictly in accordance with law.

With the aforesaid observations, the application under Section 483 Cr.P.C. is disposed of.

(Alok Mathur, J.)

Order Date :- 19.5.2025 Virendra

Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench