Kumari Poonam v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 38093 of 2023 Applicant :- Kumari Poonam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Solanki Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicant and learned Standing Counsel for the respondent no.1.

¶2The applicant have preferred the present application under Section 482 Cr.P.C. inter-alia with the prayer to direct the Juvenile Justice Board Hathras to decide the Case Crime No.392 of 2019 (State Vs. Aswani Kumar Bhardwaj) under Sections 376, 506 I.P.C. and 3(1)(12) of S.C./S.T. Act Police Station Sikandra Rao District Hathras expeditiously.

¶3Very recently Hon'ble Apex Court in Special Leave Petition (Civil) No(s). 38375 of 2023 (Mohd. Faiyaz Khan vs. State of U.P. and others) passed an order on 27.09.2023 stating therein that unless the situation is extraordinary, the Court should not direct any Court to decide any pending case in a time-bound manner. The order dated 27.09.2023 is quoted hereinbelow :- "Heard the learned counsel appearing for the petitioner. Unless the situation is extraordinary, this Court should not direct any Constitutional Court or for that matter, any Court, to decide any pending case in a time-bound manner. It cannot be that those who afford to come this Court, get priority and others wait in the queue. No case for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India. The Special Leave Petition is accordingly dismissed on ground of delay as well as on merits. It is for the petitioner to move the High Court for expeditious hearing of the case. Pending application(s) also stands disposed of."

¶4From perusal of the record in transpires that nothing has been stated in the entire application under Section 482 Cr.P.C. that there is any extraordinary situation nor any arguments has been made in this regard by the learned counsel for the applicant to direct the court below to decide the aforesaid case in a time bound manner except the fact that case is pending for last more than 4 years. 5 In this view of the matter, present application under Section 482 Cr.P.C. is dismissed.

¶6However, court below is expected to decide the aforesaid case strictly in accordance with law without granting any unnecessary adjournment to either of the parties unless there is no legal impediment. Order Date :- 13.10.2023 saqlain High Court of Judicature at Allahabad