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2025 DAILYLAW 21072 (ALL)

POONAM DEVI v. STATE OF U.P. AND 3 OTHERS

NA529/318/2025 · 2025-03-11

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38636 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 318 of 2025 Applicant :- Poonam Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Triloki Nath 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 Case No.6048 of 2024 (State Vs. Chanda Devi and others) arising out of case crime no.50 of 2021, under Sections 323, 504, 506, 419, 420, 467, 468, 471 IPC, Police Station Sigra, District Varanasi pending in the Court of Chief Judicial Magistrate, Varanasi, 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 lady informant in this case. It is a police challani case. The accused persons / opposite parties no. 2 to 4 namely, Chanda Devi, Baba Seth @ Baba Khan and Amit Kumar Seth were granted anticipatory bail in Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. Nos.8489 of 2023, 6340 of 2023 and 6342 of 2023 vide orders dated 7.8.2023, 21.7.2023 and 14.6.2023 respectively. Now the charge-sheet has been submitted but the accused persons are not appearing before the court and in this way they are flouting the order passed by this Court taking advantage of anticipatory bail which was granted in their favour till filing of the police report under section 173 (2) Cr.P.C. Due to the absence of the accused persons, no further proceedings are being taken place in the trial court. 4. I have considered the submissions and perused the entire record. 5. 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. 6. 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. 7. 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