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2025 DAILYLAW 22537 (ALL)

RAKESH SINGH v. STATE OF U.P.

NA529/374/2025 · 2025-03-02

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29605 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 374 of 2025 Applicant :- Rakesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar 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 concerned to decide the Session Trial No. 62 of 2013, arising out of Case Crime No.223 of 2012 under Sections 308, 323, 504 IPC, Police Station Bahariyabad, District Ghazipur pending in the Court of Special Judge (E.C. Act), Ghazipur, expeditiously within a stipulated period. 3. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 4. It is submitted by the learned counsel for the applicant that after the period of 12 years the trial is still pending at the stage of evidence. It is also submitted that all the witnesses of fact and formal witnesses as well have been examined except the doctor, who medically examined the injured. Though non-bailable warrants have been sent to procure the presence of the said witness, yet he is still absconding. The Court concerned has not succeeded to ensure the presence of the said witness before it. 5. I have considered the submissions and perused the entire record. 6. It reveals from the perusal of the record that the doctor is not appearing before the Court for evidence and punitive processes have been issued against him. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under the law itself. The trial court is expected to invoke its power to ensure service of process upon the said witness, which is sent under its seal and order in order to procure his presence. 7. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the said witness by sending appropriate process to him and, if possible, record the statement of the doctor concerned through video conferencing from his place of posting within a period of two months from the date of production of certified copy of this order before it, and thereafter all endeavours shall be made by it for expeditious disposal of the 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 :- 3.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad