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Neutral Citation No. - 2025:AHC:38395 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 319 of 2025 Applicant :- Ramdhani Singh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Rajesh Kumar 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 of Chief Judicial Magistrate, Chandauli to decide the Complaint Case No.1341 of 2019 (CNR No.UPCD040003532019 (Ramdhani Singh Vs. Pattu Yadav and others) under Sections 419, 420 IPC, Police Station Mughalsarai, District Chandauli 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. Learned counsel for the applicant is permitted to delete the opposite party nos.4 & 5 from the array of parties during course of the day. 4. It is submitted by the learned counsel for the applicant that the applicant is the complainant in this case. The case is pending since
2019. Summoning order was passed on 22.8.2022 and two accused persons namely, Pattu Yadav and Dablu Yadav (opposite party nos. 2 & 3) were summoned under sections 419, 420 IPC by the court concerned, however, Dablu Yadav appeared before the court but Pattu Yadav is still absconding and the said case is pending for long unnecessarily due to non-appearance of the accused before the court. 5. I have considered the submissions and perused the entire record. 6. The present case is pending for appearance of one of the accused but he is 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. 7. In the circumstances, the Court concerned is directed to procure the presence of the accused 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 shall appear before the Court and no adjournment or exemption for appearance will normally be granted to the accused 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. 8. 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. 9. 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