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Neutral Citation No. - 2025:AHC:30579 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 239 of 2025 Applicant :- Mohd. Rafi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Sharma,Syed Wajid Ali 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 Criminal Case No. 6525 of 2022, arising out of case crime no. 128 of 2021, under Sections 420, 504, 506 IPC, Police Station Surajpur, District Gautam Budh Nagar pending in the Court of Additional Chief Judicial Magistrate-II, Gautam Budh Nagar 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 informant in the said case and same is pending since 2022. The opposite party no.2 has not appeared before the Court concerned so far. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. 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. It appears from the perusal of the record that the aforesaid case is pending since the year 2022 at the stage of appearance. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the accused / opposite party no.2 by sending appropriate process within three months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. It is further directed that no unnecessary adjournment
will be sought/granted. 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 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. 8. With the above observations, the application stands disposed of. Order Date :- 4.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad