Kushagra Srivastava v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home U.P. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 483 No. - 781 of 2023 Applicant :- Kushagra Srivastava Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Praveen Kumar Srivastava,Prashansa Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The present application under Section 483 Cr.P.C. has been filed seeking expeditious disposal of Criminal Appeal No. 121 of 2023 (Kushagra Srivastava vs. State of U.P. & Others) under Section 29 of D.V. Act, pending before learned Sessions Judge, Lucknow since 16.05.2023. At the very outset, learned State counsel stated that the petitioner/applicant in regard to main relief sought in this application has approached this Court too early as the case, in issue, is pending before the Court concerned since May, 2023. In support of his submission, learned State counsel has placed reliance on the judgments passed by the Division Bench of this Court in the case of Km. Shobha Bose v. Judge Small Causes & Ors., 2011 (88) ALR 850 and Ali Shad Usmani & Ors. v. Ali Isteba & Ors., 2015 (109) ALR 513. The prayer is to dismiss the application. In view of the above, the main relief prayed for in this application cannot be granted at this stage. As such, the present application is disposed of with liberty to the petitioner/applicant to move an appropriate application for expediting the proceedings of the pending case before the Court concerned and in case, such an application is moved, then, the Court concerned shall pass appropriate orders on the same within reasonable time, in accordance with law. Order Date :- 30.11.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench