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2025 DAILYLAW 21237 (ALL)

SUBHASHH CHANDRA v. STATE OF U.P. AND ANOTHER

NA529/361/2025 · 2025-04-22

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61318 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 361 of 2025 Applicant :- Subhashh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Mishra 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 Criminal Case No. 4747 of 2008, arising out of case crime no. 392 of 2008, under Sections 223 and 224 IPC, Police Station Kotwali Fatehpur, District Fatehpur pending in the Court of Chief Judicial Magistrate, Fatehpur expeditiously. 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 accused in the said case and same is pending since 2008. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that charges in the matter were framed on 5.1.2010 and the case is at the stage of evidence but no evidence has been adduced by the prosecution so far. Matter relates to the year 2008 and it falls into the category of 'critically old cases'. In the circumstances, the Court concerned is strictly directed to invoke the powers given to it under law to ensure the presence of the witnesses by sending appropriate processes and thereafter all endeavours shall be made by it for expeditious disposal of the case, preferably within six months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 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 :- 23.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad