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2025 DAILYLAW 10885 (ALL)

NIYAZ AHMAD v. STATE OF U.P. AND 2 OTHERS

A483/136/2025 · 2025-05-05

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74439 Court No. - 80 Case :- APPLICATION U/S 483 No. - 136 of 2025 Applicant :- Niyaz Ahmad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohd. Wasim,Siddh Nath 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.1680 of 2020 (State Vs. Ashfaq Husain and another) arising out of case crime no.368 of 2019 under Sections 498-A, 406, 506 IPC and 3/4 D.P. Act pending in the Court of Addl. Chief Judicial Magistrate, Room No.21, Allahabad, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. Learned counsel for the applicant is permitted to make necessary correction in the prayer clause of the present application. 4. It is submitted by the learned counsel for the applicant that the applicant before this Court is the informant of the case. The case is pending since 2020 and still running at the stage of appearance of the accused persons and for this reason charges have also not been framed against the accused persons. 5. I have considered the submissions and perused the entire record. 6. The present case is pending for appearance of the accused persons but they are not appearing despite several process sent to them. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under its name. 7. In the circumstances, the Court concerned is directed to make all possible measures and effective steps to procure the appearance of the accused / opposite party before it within a period of three months from today and to pass an order on the framing of the charge in this case as per law within further three months and if the charges are framed, all endeavours shall be made by it for the expeditious disposal of the aforesaid case, if there is no legal impediment. 8. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 6.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad