KUMARI LAKSHMIversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 529 BNSS No. - 4220 of 2026

'XYZ'
                                                           .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)      : Ravindra Kumar           Yadav,    Sandeep
                                Kumar Yadav
Counsel for Opposite Party(s) : G.A.

Court No. - 78
                    HON'BLE DR. AJAY KUMAR-II, J.

1. Heard learned counsel for the applicant, learned A.G.A. for State and
perused material on record.
2. At the very outset, this Court pointed out that the applicant is a rape
victim and therefore, her identity is not to be disclosed. There is specific
provisions under Section 72 of BNS whereby disclosure of the identity of
a rape victim is made a punishable offence. At this stage learned counsel
for applicant sought permission to amend cause title of this application.
Therefore, learned counsel for applicant is directed to make necessary
correction in cause title regarding name and address of victim, during the
course of day. Registrar (Computer) of this Court is directed to mask
name of victim/applicant as "XYZ" in the case title of this case in the
computer records before uploading this order. It is also directed that name
of applicant be also masked while issuing any certified copy of this order.


3. The present application has been filed by the applicant with prayer to
direct the learned trial Court to decide/expedite the Sessions Trial No.
1290 of 2025 (State vs. Neeshu) arising out of Case Crime No. 182 of
2025, under Sections 333, 351(2), 64(1) BNS, P.S. Khatauli, District
Muzaffar Nagar, pending before Additional District Judge, Court No. 1,
Muzaffar Nagar within stipulated period.
4. Learned counsel for the applicant submits that the proceedings before
the trial Court concerned be directed to be concluded in a time bound
manner. It is submitted by learned counsel for the applicant that matter
belongs to the year 2025, which is still pending and has not been decided
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till now. Therefore, he requested that a direction to learned trial Court be
issued to decide the aforesaid case within a stipulated period of time.
5. Learned A.G.A. has no objection in this regard if the Court below is not
already overloaded with huge pendency of such cases.
6. Hon’ble Apex Court in Shaikh Uzma Feroz Hussain vs. State of
Maharashtra in Writ Petition (Criminal) No. 587 of 2023 has observed
that every High Court and every Court in the country has a huge
pendency, the constitutional Court should avoid temptation of fixing a
time bound schedule for disposal of any case before any Court unless the
situation is extra ordinary.
7. Hon’ble Apex Court in High Court Bar Association, Allahabad vs.
State of U.P. and others, (2024) 6 SCC 267 has observed in paragraph
42, which is reproduced as under:-
“Constitutional Courts should not normally fix a time-bound schedule for disposal of
cases pending in any Court. The pattern of pendency of various categories of cases
pending in every Court, including High Courts, is different. The situation at the
grassroots level is better known to the judges of the concerned Courts. Therefore,
the issue of giving out-of- turn priority to certain cases should be best left to the
concerned Courts. The orders fixing the outer limit for the disposal of cases should be
passed only in exceptional circumstances to meet extraordinary situations.”
8. Thus, law as far as issuance of a direction for time bound/expeditious
disposal has already been well settled that only when an exceptional
circumstance is made out, a direction for time-bound/ expeditious
disposal of such a case can be issued, not otherwise.
9. Learned counsel for the applicant has failed to make out any
exceptional circumstances to issue direction for time-bound/expeditious
disposal of case, at this stage. Accordingly, relief sought by way of
present application is hereby refused.
10. Considering the nature of prayer made by counsel for the applicant,
the interest of justice would be served, in the event, the applicant applies
before the court concerned for expeditious disposal of the above
mentioned case. Therefore, applicant is given a liberty to move an
appropriate application before trial Court concerned for bringing out all
such fact, which are necessary for expeditious disposal of his case within
two weeks from today, and in case such an application is moved, the trial
Court shall decide the same within four weeks from the date of filing of
such application. If trial Court comes to conclusion that the case for
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                                    expeditious disposal is made out then in that eventuality it shall decide the
                                    same as expeditiously as possible within a reasonable period.
                                    11. This Court would like to draw attention of Court concerned that
                                    application of accused- opposite party no. 2 declaring him to be a juvenile
                                    on the date of incident is pending disposal since 2.2.2025. Sufficient time
                                    has already been taken by the Court concerned to decide the aforesaid
                                    application and it is expected from the Court concerned to decide the
                                    aforesaid application as expeditiously as possible by fixing short dates
                                    without giving any unnecessary adjournments to either of the parties,
                                    because, it is only after the decision of aforesaid application that trial will
                                    proceed.
                                    12. It is also provided that in the event there is any legal impediment
                                    before the court concerned in disposal of the case, then the court
                                    concerned shall pass an appropriate order disclosing the legal impediment
                                    as to why the proceedings of the above mentioned case cannot be
                                    proceeded with.
                                    13. Accordingly, the present application is disposed of with aforesaid
                                    direction.


                                                                                         (Dr. Ajay Kumar-II,J.)
                                    September 11, 2026
                                    Dhirendra/




Digitally signed by :-
DHIRENDRA KUMAR
High Court of Judicature at Allahabad