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2025 DAILYLAW 19843 (ALL)

SEEMA GUPTA v. STATE OF U.P.

NA529/277/2025 · 2025-02-19

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25305 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 277 of 2025 Applicant :- Seema Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kant Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 of B.N.N.S., 2023 has been filed with a prayer to direct the Judicial Magistrate, Azamgarh to decide the Case No. 2028 of 2024 (State Vs. Subash Thathera), arising out of case crime no. 242 of 2023, under Section 67 of Information & Technology Act, 2008 and Section 120-B IPC, Police Station Bardah, District Azamgarh pending before the Chief Judicial Magistrate, Azamgarh, within stipulated time. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It has been submitted by the learned counsel for the applicant that the applicant is the victim/informant of this case and the said case is pending since the year 2023. It has further submitted that charges in this matter were framed in the year 2024 whereas F.I.R. was lodged in the year 2023, since then the matter is pending at the state of appearance of the accused persons. The applicant before this Court is a lady and she is compelled to run to the court unnecessarily on account of delaying tactics of accused persons. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that charges in this matter were framed in the year 2024 and since then the case is pending at the stage of evidence. In the circumstances, the Court concerned is directed to invoke the powers given to it under the law to ensure the presence of the accused persons by sending appropriate process as early as possible and make all endeavours for expeditious disposal of the case and if possible within two months from the date of production of certified copy of this order before it, 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 :- 20.2.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad