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Neutral Citation No. - 2025:AHC:72195 Court No. - 80 Case :- APPLICATION U/S 483 No. - 169 of 2025 Applicant :- Jagdish Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Sahani 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 learned trial court to decide the Case No. 4796 of 2016 (State Vs. Jagdish Prasad and others), arising out of Case Crime No. 463 of 2012, under Sections 221, 222, 223, 224 I.P.C., Police Station Khorabar, District Gorakhpur, pending in the court of learned Additional Chief Judicial Magistrate-I, Gorakhpur, expeditiously within a 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 before this Court is accused. It is further submitted that the applicant was granted bail by the trial court and he is regularly appearing before the court. The co-accused namely, Uma Shankar Yadav has not appeared before the court and bailable warrant has been issued against him but he is not appearing before the court. The case is pending since the year 2014 at the stage of appearance of co-accused Uma Shankar Yadav. 4. Learned A.G.A. opposed the prayer. 5. I have considered the submissions and perused the record. It reveals from the perusal of the order sheets that the present case is pending at the stage of appearance of the co-accused Uma Shankar Yadav. It is reminded that the criminal courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same in the law itself. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. In the facts and circumstances of the case, the learned trial court is directed to take effective steps for procuring the presence of co- accused Um Shankar Yadav within a period of two months from today and to make all the endeavours to decide the Case No. 4796 of 2016 (State Vs.
Jagdish Prasad and others), arising out of Case Crime No. 463 of 2012, under Sections 221, 222, 223, 224 I.P.C., Police Station Khorabar, District Gorakhpur, pending in the court of learned Additional Chief Judicial Magistrate-I, Gorakhpur as expeditiously as possible, preferably within one year from the date of production of certified copy of this order without granting unnecessary adjournment to either of the parties, 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 execution authorities, advocates, 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. 8. With the above observations, the application stands disposed of. Order Date :- 6.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad