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Neutral Citation No. - 2025:AHC:45907 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 221 of 2025 Applicant :- Anuj Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Beerendra Singh Pal,Manoj Kumar Keshari Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned Chief Judicial Magistrate, Auraiya to decide the Misc. Application No. 508 2024 (Anuj Kumar Vs. Ashwini Kumar and others), under Section 173(4) of B.N.S.S., Police Station Dibiyapur, District Auraiya, 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 instant case is pending since 21.12.2024 but the learned Chief Judicial Magistrate, Auraiya is not taking any steps for disposal of the case.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record. From perusal of the record, it reflects that only dates are given by the learned Magistrate concerned.
6. In the facts and circumstances of the case, the learned Chief Judicial Magistrate, Auraiya is directed to decide Misc. Application No. 508 2024 (Anuj Kumar Vs. Ashwini Kumar and others), under Section 173(4) of B.N.S.S., Police Station Dibiyapur, District Auraiya expeditiously, 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 :- 2.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad