Neutral Citation No.

- 2024:AHC:86773

Court No. - 85

Case :- APPLICATION U/S 483 No. - 786 of 2024

Applicant :- Mukesh Singh And 2 Others

Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ankit Tripathi,Parbind Kumar Tiwari
Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

1. This application under Section 483 Cr.P.C. has been filed with a
prayer to direct the court concerned to decide the case no. 558 of
2019 (State Vs. Mukesh and others) arising out of case crime
no.33 of 2019 under sections 498A, 323, 504, 506, 406 IPC and
Section 3/4 D.P. Act, P.S. Mahila Thana, District- Prayagraj
pending in the Court of learned Additional Civil Judge (J.D.-21),
Prayagraj expeditiously within a stipulated period.

2. Heard learned counsel for the applicant as well as learned

A.G.A. for the State.

3. It has been submitted by the learned counsel for the applicant

that the witnesses are not coming in that case and the case is
lingering at the stage of evidence. It is further submitted that
witnesses are not turning up and the case is being delayed
unnecessarily.

4. On the perusal of the order sheets it appears that the submissions

made by the learned counsel is against the record. The case is
pending at the stage of cross-examination of P.W.1 and the perusal
of the order sheets reveals that the said witness is appearing before
the Court almost on each and every fixed date for evidence,
moreover, Vide order dated 1.5.2024 a report was called for from
the court concerned to provide the year-wise pendency of the cases
and actual number of pending cases in the said Court.

5. In compliance of the aforesaid order required report has been

sent by Additional Chief Judicial Magistrate, Court No.7,
Prayagraj. A perusal of the report reflects that the total pendency of
the said Court at present is more than 16000 and so many old and
critically old cases are pending before that Court starting from the
year 1987.
 6. Keeping in view the huge pendency of the cases in the said
Court and also the number of old and critically old cases, this
Court is not inclined to pass any order directing the trial Court for
the expeditious disposal of the present case, which pertains to the
year 2019. However, it is ordered that when all the old cases are
decided by the said Court and the number of cases pertaining to
the year 2019 comes, the present case shall be decided as a first
case of that Court.

7. Office is directed to send copy of this order to the Court

concerned.

8. With the above observations, the application stands disposed of.

Order Date :- 14.5.2024

Fhd

Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad