HARISHANKAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 529 BNSS No. - 4321 of 2026

Harishankar And Another
                                                             .....Applicant(s)
                                   Versus
State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                       :   Rajkishore Singh
Counsel for Opposite Party(s)                  :   G.A.

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

1. Heard learned counsel for the applicants, learned A.G.A. for State and
perused material on record.
2. The present application has been filed by the applicants with prayer to
direct the learned trial court to decide/expedite the Case No. 3404 of 2009
(State vs. Ranvir Singh and others) arising out of Case Crime No. 85 of
2002, under Sections 323, 325, 504, 167, 109, 192 IPC, P.S. Kalyanpur,
District Fatehpur within stipulated period.
3. Learned counsel for the applicants 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 applicants that matter belongs to the
year 2009, 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.
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
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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 applicants 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 applicants, the
interest of justice would be served, in the event, the applicants apply before
the court concerned for expeditious disposal of the above mentioned case.
Therefore, applicants are 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 expeditious disposal is made out
then in that eventuality it shall decide the same as expeditiously as possible
within a reasonable period. The applicants are also given a liberty to move
another application before Court concerned for separating case of applicants
as their case is lingering unnecessary only because of continuous absence of
co-accused Ranvir Singh, who is a retire police inspector and against whom
NBW is being continuously issued by court concerned.

10. 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.
11. 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.
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                                    12. Accordingly, the present application is disposed of with aforesaid
                                    direction.
                                    September 9, 2026
                                    Dhirendra/
                                                                                    (Dr. Ajay Kumar-II,J.)




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