KUNWAR BAHADUR SRIVASTAVA v. STATE OF U.P. AND 2 OTHERS
A483/2455/2024 · 2025-01-22
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111972 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111972 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:12323 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2455 of 2024 Applicant :- Kunwar Bahadur Srivastava Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arun Kumar Gupta,Prashant Gupta,Shivam Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the Additional Chief Judicial Magistrate, Court No. 7, Varanasi for expeditious disposal of the Criminal Case No. 308 of 2018, (State Vs. Nand Lal and Others), Case Crime No. 129 of 2017, under Sections 323, 504, 506 of IPC, Police Station Shivpur, District Varanasi.
3. It has been submitted by the learned counsel for the applicant that the applicant before this court is the informant of this case. The case was pending at the stage of evidence but the accused-persons absconded and the dates were fixed for their appearance. Meanwhile, the accused persons appeared but now the court concerned is not taking any interest for recording the evidence of any witness and the case is unnecessary pending since 2018. Therefore, prayer has been made to issue a direction to the court concerned to decide the aforesaid case within specified period.
4. In the facts and circumstances, the Court concerned is directed to make all possible endeavours and effective steps to disposal of the case within one year from the date of production of certified copy of this order, if there is no legal impediment.
5. 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 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.
6. With the above observations, the application stands disposed of. Order Date :- 22.1.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad