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2025 DAILYLAW 21228 (ALL)

MAHENDRA PRASAD YADAV v. STATE OF U.P. AND 6 OTHERS

NA529/325/2025 · 2025-03-11

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37972 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 325 of 2025 Applicant :- Mahendra Prasad Yadav Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Yogesh Chandra Yadav 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 i.e. Special Judge (SC/ST Act), Jaunpur to decide the S.S.T. No.265 of 2017 (State Vs. Surendra and others) arising out of case crime no.406 of 2017, under Sections 147, 148 149, 307, 336, 323, 504, 506, 302 IPC, Section 3(2)V S.C./S.T. Act and Section 7 Criminal Law Amendment Act, Police Station Gaura Badshahpur, District Jaunpur pending before it, 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 submitted that during trial an application u/s 319 Cr.P.C. was moved by the prosecution and accused Indra Kumar and Rakesh Kumar @ Golu, opposite parties no.6 & 7 respectively, were summoned to face trial under Sections 147, 148 149, 307, 336, 323, 504, 506, 302 IPC, Section 3(2)V S.C./S.T. Act and Section 7 Criminal Law Amendment Act vide order dated 8.2.2023 and since then several process have been sent to the newly added accused persons but since they are not appearing before the court concerned, the trial is lingering on unnecessarily. 4. I have considered the submissions and perused the entire record. 5. The present case is pending for appearance of accused persons but they are not appearing despite several process sent to them. 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 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 the accused persons 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 :- 12.3.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad