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Neutral Citation No. - 2025:AHC:29454 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 375 of 2025 Applicant :- Rakesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the court concerned to decide the Case No.417 of 2024 (State Vs. Prakash Kumar Sahani) arising out of case crime no.405 of 2023, under Section 406 IPC, Police Station Bansdih, District Ballia pending in the Court of Additional Chief Judicial Magistrate-I, Ballia, 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 the applicant is the informant in this case. It is a police challani case. Cognizance in this case was taken on 2.1.2024 but till date no charge has been framed against the accused. Perusal of the order- sheet reveals that the accused / opposite party no.2 obtained bail on 2.9.2024 and thereafter on several dates bailable warrant has been issued against him but he is deliberately avoiding the service of the process and his appearance before the Court. The case is pending due to non-appearance of the accused before the court.
4. I have considered the submissions and perused the entire record.
5. The present case is pending for appearance of accused / opposite party no.2 but he is not appearing despite several process sent to him. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under its name.
6. In the circumstances, the Court concerned is directed to frame charge in this case as per law within two months from the date of production of certified copy of this order before it. It is also
directed that on the date fixed by the trial court the accused shall
appear before the Court and no adjournment or exemption for appearance will normally be granted to the accused on any ground whatsoever and thereafter all endeavours shall be made by it for expeditious disposal of the aforesaid case, 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 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 :- 3.3.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad