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2025 DAILYLAW 22063 (ALL)

ASHOK KUMAR SHUKLA ALIAS ASHOK SHUKLA v. STATE OF U.P. AND 2 OTHERS

NA529/321/2025 · 2025-03-11

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38097 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 321 of 2025 Applicant :- Ashok Kumar Shukla Alias Ashok Shukla Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Girish Singh 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 of Addl. Civil Judge (J.D.), Court No.3, Kanpur Nagar to decide the Case No.39672 of 2017 (State Vs. Dilawar Hussain and others) under Sections 420, 406 IPC, Police Station Colonelganj, District Kanpur Nagar 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. On account of non-presence of the accused, no effective proceeding is going on in the said case. The case is pending since 2017. Several dates have been fixed in the matter but till date the case has not been decided. From the perusal of the record, particularly the copies of the order-sheet, it appears that after taking cognizance in this matter on 24.7.2017, the learned trial court proceeded to procure the presence of the accused but however the accused persons are not appearing. 4. I have considered the submissions and perused the entire record. 5. The present case is pending for appearance of the accused / opposite party nos.2 & 3 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 accused under its name. 6. In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the presence of the accused persons before the court within a period of three months from the date of production of certified copy of this order. It is also directed that on the date fixed by the trial court 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 the court concerned for expeditious disposal of the aforesaid case, as described above, 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 Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad