DEV PRATAP ALIAS DEEPAKversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 529 BNSS No. - 4228 of 2026

Dev Pratap Alias Deepak
                                                           .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)               :    Narayan Singh(Kushwaha)
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. The present application has been filed by the applicant with prayer to
direct the learned trial Court to decide/expedite the Sessions Case No. 467
of 2022 (State vs. Dev Pratap @ Deepak), arising out of Case Crime No.
68 of 2018, under Sections 420, 328, 376, 384 IPC and under Section
66D, 66E Information Technology (Amendment) Act, 2008, P.S. Kotwali
Nagar, District Etah, pending before Additional Sessions Judge/FTC Ist,
Etah within stipulated period.
3. Learned counsel for the applicant submits that the proceedings before
the court concerned be directed to be concluded in a time bound manner.
It is submitted by learned counsel for the applicant that matter pertains to
the year 2022, which is still pending and has not been decided 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.
4. Learned A.G.A. has no objection in this regard if the Court below is not
already overloaded with huge pendency of such cases.
5. 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.
6. Hon’ble Apex Court in High Court Bar Association, Allahabad vs.
                                                               NA529 No. 4228 of 2026
                                    2

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.”
7. 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.
8. 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.
9. 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 six weeks from the date of filing of
such application. If trial Court comes to conclusion that the case for
expeditious disposal is made out then in that eventuality it shall decide the
same as expeditiously as possible within a reasonable period.
10. However, looking into the peculiar facts and circumstances of the
present case, it is expected from the learned trial Court to conduct the
pending proceedings before it strictly in accordance with Section 309
Cr.P.C./ Section 346 BNSS, as well as in the light of various binding
directions issued by Hon’ble Apex Court from time to time regarding
compliance of aforesaid section. This Court would also like to draw the
attention of learned trial Court qua Explanation 2, which is reproduced
herein-below:
“Explanation 2. – The terms on which an adjournment or postponement
                                                                                         NA529 No. 4228 of 2026
                                                                  3

                                    may be granted include, in appropriate cases, the payment of costs by the
                                    prosecution or the accused.”

                                    11. This Court would like to draw the attention of Court concerned that
                                    whenever N.B.W. or B.W. or any other process is issued against either
                                    accused or witness, then such Court is duty bound to make all endevour
                                    for ensuring execution of such N.B.W. or B.W. or other process. It is the
                                    bounden duty of every police officer promptly to obey and execute all
                                    orders and warrants lawfully issued to him by virtue of Section 23 of the
                                    Police Act, 1861. If such police officer violates his duty or neglect any
                                    lawful order passed by such Court, then he becomes guilty under Section
                                    29 of the Police Act. Therefore, Courts are not powerless to ensure
                                    compliance of it's order and /or execution of lawful process issued by it.
                                    12. The present application is accordingly disposed of with the aforesaid
                                    observations.




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




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