Bhai Lal Vs Ravi Shankar Patel — Allahabad HC (2025) — LawSathi Research

Bhai Lal Vs Ravi Shankar Patel — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with a direction to the Court concerned (Special Judge (SC/ST Act), Jaunpur) to dispose of the pending discharge application dated 3.5.2024 in accordance with law within one month from the date of production of a certified copy of this order before it, if there is no legal impediment; all stake holders additionally bound to assist expeditious disposal.

Issue for consideration

Whether the Court concerned (Special Judge (SC/ST Act), Jaunpur) should be directed to dispose of the discharge application dated 3.5.2024 pending in complaint case no. 237 of 2021, on which no order had been passed, so as to ensure expeditious trial.

Court's answer

On perusal of the order sheets showing that no hearing took place on the discharge application dated 3.5.2024, the Court concerned was directed to dispose of that discharge application in accordance with law within one month from the date of production of a certified copy of this order before it, if there is no legal impediment.

Ratio / Principle

The Presiding Officer is not the only stake holder in the disposal of a case: besides the P.O. concerned, all stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. were also made bound by this order, with responsibility to assist the Court in every manner for the expeditious disposal of the case.

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.; Order Date 2.5.2025; Neutral Citation 2025:AHC:69920) disposed of Application U/S 529 BNSS No. 1042 of 2025 filed by applicant Bhai Lal (counsel Vijay Mani Tiwari) seeking expeditious decision of Complaint Case No. 237 of 2021 (Sections 384, 504, 506 IPC and Sections 3(1)(r), 3(1)(s) of the SC/ST Act; Police Station Mungrabadshahpur, District Jaunpur), pending since 2021 in the Court of Special Judge (SC/ST Act), Jaunpur and lying stalled since 3.5.2024 at the discharge-application stage with no order passed. Finding from the order sheets that no hearing had taken place on the discharge application, the Court directed the Court concerned to dispose of that discharge application in accordance with law within one month from the date of production of a certified copy of the order, if there is no legal impediment, and further made clear that besides the Presiding Officer, all stake holders (police and executive authorities, counsels, parties, staff etc.) are bound by the order and share responsibility to assist the Court for expeditious disposal.

Neutral Citation No. - 2025:AHC:69920

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 1042 of 2025

Applicant :- Bhai Lal Opposite Party :- Ravi Shankar Patel Counsel for Applicant :- Vijay Mani Tiwari

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the complaint case no. 237 of 2021, under Sections 384, 504, 506 IPC and 3(1)(r) and 3(1)(s) of the SC/ST Act, Police Station Mungrabadshahpur, District Jaunpur pending in the Court of Special Judge (SC/ST Act), Jaunpur expeditiously within stipulated period.

Heard Shri V.M. Tiwari, learned counsel for the applicant, Shri V.K. Verma, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State.

It is submitted by the learned counsel for the applicant that the aforesaid case is pending since 2021. Accused appeared before the trial court and moved discharge application on 3.5.2024 and since then the matter is pending at the stage of disposal of discharge application and no order has been passed on the said application by the Court concerned.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record.

It reveals from the perusal of the order sheets that the aforesaid discharge application dated 3.5.2024 was moved in the matter but no hearing was made by the Court concerned on the said application. In the circumstances, the Court concerned is directed to dispose of the aforesaid discharge application in accordance with law within one month from the date of production of certified copy of this order before it, if there is no legal impediment.

It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made

bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

With the above observations, the application stands disposed of .

Order Date :- 2.5.2025 safi

Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad