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2025 DAILYLAW 16570 (ALL)

SALEEM ALIAS VAKIL ALIAS SAMEER v. STATE OF UP AND ANOTHER

NA529/216/2025 · 2025-05-12

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78104 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 216 of 2025 Applicant :- Saleem Alias Vakil Alias Sameer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Case No. 1640 of 2011 (Old Case No. 1170 of 2007) in case crime no. 87 of 2007 under Sections 420, 467, 468, 471, 34 I.P.C., Police Station- Kotwali, District- Agra pending in the Court of IVth Additional Chief Judicial Magistrate, Agra expeditiously within 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 is the accused in the aforesaid case, which is very old and pertains to the year 2011. It is further submitted that the matter is still pending at the stage of evidence and the prosecution evidence is not being adduced and the accused persons is running to the Court unnecessarily which is causing harassment to them. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. From perusal of the record it appears that only dates are being fixed for evidence but practically no evidence has been adduced by the prosecution so far. 7. Since the matter is very old and falls within the category of 'critically old cases', the Court concerned is directed to make all endeavours to decide the aforesaid case expeditiously preferably within a period of one year from the date of production of certified copy of this order before it, keeping in view the heavy work load in the said Court. 8. 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 executive authorities, counsels, parties to the case, staff etc. 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. 9. With the above observations, the application stands disposed of. Order Date :- 13.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad