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2025 DAILYLAW 12475 (ALL)

HRIDESH MISHRA v. STATE OF U.P. AND ANOTHER

A483/155/2025 · 2025-01-31

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14424 Court No. - 82 Case :- APPLICATION U/S 483 No. - 155 of 2025 Applicant :- Hridesh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ambresh Kumar,Vimal Chandra,Virendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. The present application under Section 483 Cr.P.C. has been filed with a prayer to direct the Chief Judicial Magistrate, Farukkhabad to decide the Criminal Case No. 1512 of 2016, under Section 498- A IPC, Police Station Kayamganj, District VaranasFarrukhabad expeditiously within a stipulated period. 2. Heard learned counsel for the applicant, learned AGA and perused the material available on record. 3. It is submitted by learned counsel for the applicant that the applicant is accused in the said case. It is also submitted that the matter is pending at the stage of evidence of informant / opposite party no.2 - wife. It is next submitted that no sincere efforts are being made by the Court concerned to decide the said case. It is further submitted that the opposite party no.2 is also applying delaying tactics in disposal of the said case. 4. A perusal of the copies of the order sheets goes to show that the aforesaid case was filed in the year 2016. It also appears that the matter is pending at the stage of evidence of informant / opposite party no.2 - wife. It also reveals from the perusal of the order sheets that the opposite party no.2 is not appearing before the Court to adduce her evidence despite issuance of punitive processes against her. In the circumstances, the trial court is directed to make all possible efforts to record the evidence of the opposite party no.2/informant - wife within two months from the date of production of certified copy of this order before it and thereafter make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting unnecessary adjournments to either of the parties, if there is no other 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 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. 6. With these observations, the application is finally disposed of. Order Date :- 31.1.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad