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2025 DAILYLAW 112960 (ALL)

MUKESH KUMAR v. STATE OF U.P. AND 3 OTHERS

A483/2523/2024 · 2025-01-21

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13439 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2523 of 2024 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kalpana Singh 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.616 of 2018 arising out of case crime no.481 of 2007, under Sections 420, 467, 468, 469, 471, 218 IPC and Section 198 Z.L.R. Act, Police Station Kotwali Nagar, District Etah pending in the Court of Additional Chief Judicial Magistrate, Court No.17, Etah, 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 applicant is the complainant in the said complaint case and same is pending since 2007. Charges have been framed in this case on 25.5.20210. It is also submitted that the opposite party nos.2 to 4 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The case is at the stage of evidence under Section 246 Cr.P.C. Witnesses are appearing before the Court concerned but their evidence is not being recorded. The Court concerned is not taking proper interest in disposal of the said case. 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 said complaint case is pending since the year 2007. Charges have been framed in the matter. The case is at the stage of recording the defence evidence. In the circumstances, the Court concerned is directed to make all endeavours for the expeditious disposal of the case preferably within a period of six months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted to either of the parties. 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 :- 21.1.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad