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Neutral Citation No. - 2025:AHC:31858 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 406 of 2025 Applicant :- Belas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Rai 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. 2122 of 2019, arising out of case crime no.172 of 2019, under Sections 504, 506, 406 IPC, Police Station Basgaon, District Gorakhpur pending in the Court of Civil Judge (SD), Gorakhpur/ A.C.J.M., Basgaon, Gorakhpur expeditiously within 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 aforesaid case is pending since 2019. The applicant is informant in the matter. It is also submitted that the discharge application moved by the opposite party no.2 before the Court concerned has been dismissed vide order dated 3.10.2024. He is not appearing before the Court and due to his non-appearance the case is pending unnecessarily without any proper and effective proceeding. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of opposite party no.2. The trial court is expected to invoke its power provided under law to ensure service of process upon the accused person, which is sent under its seal and order in order to procure the presence of the accused. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 by sending appropriate process to him and to ensure the actual compliance by the office of its own orders within one month from the 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 one year, 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 :- 5.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad