Shyam Bihari v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 38220 of 2023 Applicant :- Shyam Bihari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Singh Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicant and learned AGA for the opposite party no.1.

¶2The present 482 Cr.P.C. application has been filed with the prayer to direct the Additional Sessions Judge/ Special Judge (POCSO Act), Mainpuri to decide the Special Trial No.113 of 2022 (State Vs. Amit Kumar) arising out of Case Crime No.0009 of 2022, under Section 363, 366, 376 of I.P.C. & Section 3/4 of the POCSO Act, Police Station Kurra, District Mainpuri, within stipulated period.

¶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 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. 5 In this view of the matter, present application 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 Pramod Tripathi High Court of Judicature at Allahabad