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2025 DAILYLAW 15162 (ALL)

DEEPAK CHAURASIYA v. STATE OF U.P.

NA529/207/2025 · 2025-04-01

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:45911 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 207 of 2025 Applicant :- Deepak Chaurasiya Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Tiwari Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the Judicial Magistrate, Court No. 6/F.T.C., Ghazipur to decide the Case No. 6419 of 2022, arising out of Case Crime No. 284 of 2021 (State of U.P. Vs. Pankaj Chaurasiya), under Sections 406, 506 I.P.C., Police Station Mardah, District Ghazipur, pending in the court of Judicial Magistrate, Court No. 6,/F.T.C., Ghazipur, 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 in the instant case charge sheet was submitted in the year 2022 but the accused Pankaj Chaurasiya was not appearing before the trial court. However, now the case is pending at the stage of framing of charge on the said accused for long time but the learned trial court is not taking any steps for framing of the charge on the said accused. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. From perusal of the record, it appears that the case is pending at the stage of framing of charge but only dates are being fixed by the trial court. 6. In the facts and circumstances of the case, the learned trial court is directed to pass appropriate order in respect of framing of charge on the accused Pnkaj Chaurasiya within a period of two months from today and subsequently after framing of the charge if it is so, to make all the endeavours for expeditious disposal of the Case No. 6419 of 2022, arising out of Case Crime No. 284 of 2021 (State of U.P. Vs. Pankaj Chaurasiya), under Sections 406, 506 I.P.C., Police Station Mardah, District Ghazipur, 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