Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3697 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. By means of the present application under Section - 529 B.N.S.S., the applicant has sought for a suitable direction to direct the learned Civil Judge (Jr. Div.) Court No.1, Muzaffar Nagar to expedite and conclude the hearing of Complaint Case No.322/9 of 2011 (Sanjay Kumar Vs. Ombir Singh), under Section 500 of L.P.C., at Police Station Civil Line, District Muzaffar Nagar, which is pending before learned Civil Judge (Jr. Div.) Court No.1, Muzaffar Nagar within time stipulated by this Court. 3. It is submitted by learned counsel for the applicant that applicant is complainant in the aforesaid case. He further submits that hearing of the aforementioned compliant case was stayed by this Court and that stay order continued till 2024. Even after the stay was vacated by this Court, no further proceedings in the said case was conducted by concerned learned Presiding Officer. It was submitted that right of speedy trial is part of fundamental right and thus a direction may be issued to the concerned Trial court to decide the aforesaid case within specific time frame. 4. It is submitted that the applicant moved an application under Section 156(3), before the Court of Learned Chief Judicial Magistrate, which was treated as a complaint case by the Learned Chief Judicial Magistrate, and was registered as Complaint Case No. 322/9 of 2011. The statement of the complainant and witnesses were recorded under Section 200 & 202 CrPC. Thereafter, the proceedings in the matter was stayed vide order dated Versus Counsel for Applicant(s) : Sushil Kumar Pandey Counsel for Opposite Party(s) : G.A. Sanjay Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6.12.2016. However, the stay was vacated vide order dated 5.03.2024 and despite issuance of several summoning orders since then, the accused is not cooperating in the matter. 5. In view of aforesaid, the Trial court concerned is directed to expedite the proceedings of the aforesaid case and to decide the same as early as possible from the date of production of copy of this order before the court concerned, provided there is no legal impediment. 6. The application under Section 529 B.N.S.S. is disposed of accordingly.
October 10, 2025/Mukesh NA529 No. 3697 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad