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2025 DAILYLAW 101874 (ALL)

PRITHAVI v. STATE OF U.P. AND ANOTHER

NA529/3653/2025 · 2025-10-05

Avnish Saxena

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3653 of 2025 Court No. - 83 HON'BLE AVNISH SAXENA, J. 1. Sri Santosh Kumar Dubey, learned advocate appears for the applicant and submits that applicant-accused has filed this application under Section 529 of B.N.S.S. for issuance of direction for expeditious disposal of trial pending before Court of 9th Additional District Judge, Ghaziabad, bearing Session Trial No.1283 of 2023 (State Versus Prithavi and others) arising out of Case Crime No.420 of 2016 under Sections 147, 148, 149, 307, 504, 447, 448, 427 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Vijay Nagar, District Ghaziabad. Learned counsel has drawn attention of this Court towards order dated 18.08.2025 whereby the Trial Court has issued bailable warrants to the informant (opposite party no.2-Meera) as well as Ashok and Mala to appear before the Trial Court for their deposition. It is further submitted that prior to the said order, the Court was continuously issuing such orders to procure the presence of the witnesses. Hence, he seeks interference by this Court for issuance of order for expeditious disposal of the trial. 2. Learned A.G.A. appears for State. 3. There is no point in issuing notice to opposite party no. 2, as the innocuous prayer of the applicant is for expeditious disposal of the case. 4. This Court has taken into consideration the rival submissions made by the parties and perused the record. Perusal of record shows that there is continuous orders passed by the Trial Court for effecting presence of the witnesses, which has not been procured so far. In such circumstances, the Versus Counsel for Applicant(s) : Krishna Kant Dubey, Santosh Kumar Dubey Counsel for Opposite Party(s) : G.A. Prithavi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) application is allowed. The Trial Court is directed to expedite the trial of aforesaid session trial and decide the same as expeditiously as possible, without granting unnecessary adjournments to either of the parties. October 6, 2025 MN/- NA529 No. 3653 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad