Neutral Citation No. - 2025:AHC-LKO:33564 Court No. - 14 Case :- APPLICATION U/S 483 No. - 437 of 2025 Applicant :- Sarafat Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohammad Aslam Beg Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard Shri Mohammad Aslam Beg, learned counsel for the applicant and Smt. Mamta Pandey, learned AGA appearing for the State. Present case has been filed under Section 483 Cr.P.C/529 B.N.S.S. with following main prayer:- "Direct to Judicial Magistrate first Lucknow to conclude the trial and decide the case No. 14328 of 2017 State Versus Zakir and others arises of FIR bearing Crime No. 157 of 2016 under Section 452, 323, 504 IPC Police Station Hasan Ganj Lucknow pending before Judicial Magistrate first Lucknow after framing of charge within time frame by this Hon'ble High Court and also direct to consider the discharge application of the petitioner. " The brief facts of the present case are that on 05.04.2016 , an FIR has been lodged by the respondent no. 2 under Sections 452, 323, 504 I.P.C. Police Station Hasan Ganj, Lucknow in which applicant was also named. The Police after investigation has filed the charge-sheet and the Court concerned has taken cognizance in the year 2017. For the first time, the applicant has come to know about the pendency of present case in the year 2022 i.e. after five years, so he immediately moved an application for bail and he was granted bail by the court concerned on 03.08.2022. Thereafter the applicant is appearing on each and every date except few dates but other accused persons are not appearing due to which even the charges have not been framed till date. The applicant is running since last about 3 years on each and every date except on few dates and the Court concerned is not passing any order of bailable warrant/non bailable warrant against the co-accused persons, who are not appearing since the year 2017. On the other hand, learned AGA has submitted that delay in deciding the trial cannot be attributed to the court concerned as the accused persons are not appearing even the applicant had appeared after about 5 years and other co-accused persons are still not appearing in the matter and till date even the charges have not been framed so no direction to the trial court for deciding the case expeditiously could be issued. After hearing learned counsel for the parties and going through the record of the case, it is found that the applicant himself evaded the trial/proceedings for about 5 years. Even after being enlarged on bail, on the next date, he did not appear but thereafter, on each and every date, he appeared before court concerned regularly but due to the non appearance of the other co-accused persons, the court has granted general dates without passing any order for ensuring the presence of other co-accused persons due to which the applicant is facing harassment by appearing on each and every date otherwise his bail would be rejected. In view of the facts, circumstances and observations made hereinabove, the present case is disposed of and it is expected from the court concerned that it may pass appropriate orders for ensuring the presence of other co-accused persons and shall make endeavour to decide the case expeditiously. Order Date :- 30.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench