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Neutral Citation No. - 2025:AHC:38698 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 317 of 2025 Applicant :- Amrit Lal Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Amar Nath Vishwakarma,Rudra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Criminal Misc. No Objection Application No.1 of 2025 is allowed.
2. This application under Section 529 BNSS has been filed with a prayer to direct the Court of Additional Chief Judicial Magistrate- VIII, Allahabad to decide the Case No.10 of 2013 (State Vs. Vinod Kumar and others) arising out of case crime no.107 of 2012, under Sections 147, 336, 323, 504, 506, 452, 325 IPC, Police Station Utraon, District Prayagraj pending in the Court of Additional Chief Judicial Magistrate-VIII, Allahabad, expeditiously within a stipulated period.
3. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
4. 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. The case pertains to the year 2012 and the charge-sheet was submitted in this matter in the year 2013. After taking cognizance, the learned trial court proceeded to procure the presence of the accused persons in this case but however since 2013 the matter is pending at the stage of appearance. No accused appeared before the trial court and the learned trial court is taking a lethargic approach in this matter.
5. I have considered the submissions and perused the entire record.
6. Perusal of the record reveals that for the last 12 years the said trial is pending at the stage of appearance of the accused persons. Despite several process sent to the accused persons, they are not appearing. 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 accused under its name.
7. In the circumstances, the Court concerned is directed to procure the presence of the accused persons of this case as per law within a period of three 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 all the accused persons shall appear before the Court and no adjournment or exemption for appearance will normally be granted to them 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.
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 :- 12.3.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad