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2025 DAILYLAW 19972 (ALL)

MUNNI LAAL CHAUHAN v. STATE OF U.P. AND 6 OTHERS

NA529/287/2025 · 2025-04-22

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61110 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 287 of 2025 Applicant :- Munni Laal Chauhan Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Aditya Kumar Singh,Parijat Srivastava 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 expedite the Case No. 434 of 2018 arising out of case crime no. C-1 of 2003, under Sections 147, 323, 504, 506, 325 and 452 IPC, Police Station- Pakari, District Ballia pending in the Court of learned Additional Chief Judicial Magistrate-II, 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 of the said case and he is sufferer and even after the lapse of 21 years the trial of the present case is pending. It is further submitted that the aforesaid case is pending at the stage of evidence. The Court concerned is not taking proper interest in disposal of the said case. 4. I have considered the submissions and perused the entire record. 5. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 7 by sending appropriate process to them within two 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 preferably within a period of six months, if there is no legal impediment. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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 :- 23.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad