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Neutral Citation No. - 2025:AHC:72349 Court No. - 80 Case :- APPLICATION U/S 483 No. - 261 of 2025 Applicant :- Prakash Babu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Gupta 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 Criminal Case No. 1325 of 2012 (State Vs. Prakash Babu), arising out of Case Crime No. 536 of 2012, under Sections 354, 504 I.P.C., Police Station Tilhar, District Shahjahanpur, pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate, Tilhar, Shahjahanpur, 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 the accused of this case. It is further submitted although charge in the instant case has been famed against the applicant in the year 2015 and the matter is pending for about 13 years and no evidence has been adduced by the prosecution so far. 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 adducing the evidence of prosecution witnesses. 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 appearance of
prosecution witnesses to record their evidence within a period of two months from today and to make all the endeavours to decide Criminal Case No. 1325 of 2012 (State Vs.
Prakash Babu), arising out of Case Crime No. 536 of 2012, under Sections 354, 504 I.P.C., Police Station Tilhar, District Shahjahanpur, pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate, Tilhar, Shahjahanpur, as expeditiously as possible, preferably within a period of 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 Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad