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2025 DAILYLAW 19490 (ALL)

MANIK CHAND v. STATE OF U.P. AND 3 OTHERS

NA529/268/2025 · 2025-05-12

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78043 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 268 of 2025 Applicant :- Manik Chand Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Tiwari 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.413 of 2011 in case crime no. 1240 of 2010 under Sections 420, 467, 468, 471, 473, 120-B I.P.C., Police Station- Mugra Badshahpur, District- Jaunpur pending in the Court of learned Additional Chief Judicial Magistrate, 4th Jaunpur 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 said criminal case is very old and pertains to the year 2011. It is further submitted that earlier an Application U/S 482 Cr.P.C. No. 16699 of 2024 was preferred by the present applicant wherein a coordinate Bench of this Court vide order dated 10.6.2024 has directed the trial Court to make all efforts to conclude the trial against the accused and send its report to this Court on or before the next date fixed, however, subsequently the said application was dismissed as not pressed vide order dated 20.12.2024 with liberty to file appropriate application before the Court of competent jurisdiction. It is further submitted that the applicant is the informant of the said case and he is sufferer and even after the lapse of 14 years the case is pending. 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. A perusal of the record reveals that the matter is pending for long at the stage of cross-examination of P.W.1/ applicant. 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