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Neutral Citation No. - 2025:AHC:26307 Court No. - 82 Case :- APPLICATION U/S 483 No. - 114 of 2025 Applicant :- Rakesh Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Kumar Tripathi 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. 4265 of 2023, arising out of case crime no. 0216 of 2023, under Section 420 IPC, Police Station Kotwali Orai, District Jalaun pending in the Court of Chief Judicial Magistrate, Jalaun at Orai expeditiously within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant is the complainant in the said case and same is pending since 2023. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said case. In this case charge has been framed on 2.1.2024 and the case is at the stage of evidence. The opposite party no.2 appeared and obtained bail and thereafter he is absconding. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that charge in this matter was framed on 2.1.2024 and since then the case is pending at the stage of evidence. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party no. 2 by sending appropriate process within two months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the
case, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 7.
It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 8. With the above observations, the application stands disposed of. Order Date :- 24.2.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad