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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3649 of 2025 Court No. - 83 HON'BLE AVNISH SAXENA, J.
1. Heard Sri Aman Kumar Shukla, learned advocate, holding the brief appeared for the applicant and learned A.G.A.for the State.
2. Learned counsel for the applicant submits that the present application under Section 529 Bharatiya Nyaya Suraksha Sanhita, 2023 has been moved by the accused-applicant for expeditious trial of Case No.1563 of 2022 (State of U.P. Vs Faisal), arising out of Case Crime No.0093 of 2022, under Sections 323, 325, 504 I.P.C., Police Station Shahganj, District Jaunpur, pending in the court of Additional Civil Judge(Junior Division)-3/Judicial Magistrate, Shahganj. He has drawn the attention of this Court towards the order sheet of the trial which shows that the charge has been framed on 09.05.2023. The informant, P.W.-1 was examined and while his cross-examination was continuing, he passed away. Thereafter, the Court has called for the death report of informant (P.W.-1, Gulam Rasool). He has further drawn the attention of this Court towards the order-sheet that the case is still proceeding for prosecution witness and no serious efforts have been made by the Court to summon the witnesses. Hence, he sought interference of this Court.
3. Learned A.G.A. for the State submits that the Court is proceeding with the case and therefore call the death report of P.W.-1 Gulab Rasool.
4. At this juncture, learned counsel for the applicant submits that opposite party no.2 is not alive, but he could not write deceased in front of opposite party no.2. The learned counsel may carry out amendment during the Versus Counsel for Applicant(s) : Kandarp Srivastava Counsel for Opposite Party(s) : G.A. Faisal .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
course of the day, counter signed by the Bench Secretary, to write the deceased in front of opposite party no.2.
5. This Court has taken into consideration the record and the view that the learned trial court may proceed with the trial court as expeditiously as possible.
6. With this observation, the application is disposed of. October 6, 2025 Shivangi NA529 No. 3649 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad