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Neutral Citation No. - 2025:AHC:66414 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 2397 of 2024 Applicant :- Smt. Yogita Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Case No. 11369/IX of 2016, arising out of case crime no. 179 of 2016, under Sections 354, 294, 323, 506 IPC, Police Station Brindavan, District Mathura pending in the Court of Judicial Magistrate/FTC, Mathura 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 aforesaid case is pending since 2016. Accused appeared before the trial court and moved discharge application which was disposed of long back in the year 2018 but however the relevant ordersheet was missing and the Court concerned again fixed the case for hearing on the discharge application. The matter is very old.
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 the discharge application has been moved in the matter but no hearing was made by the Court concerned on the said application. In the circumstances, the Court concerned is directed to dispose of the aforesaid discharge application in accordance with law within one month from the date of production of certified copy of this order before it, if there is no legal impediment.
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 :- 29.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad