Neutral Citation No. - 2025:AHC:66217 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6439 of 2025 Applicant :- Sanju Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Pramod Kumar Dubey, learned counsel for the applicant and Sri Ramesh Kumar, learned AGA for the State. 2. The present application has been filed to quash the order dated 04.02.2025 passed by Chief Magistrate, Juvenile Justice Board, Gorakhpur in Case Crime No.987 of 1992, under Sections-498-A, 306, 304-B IPC, Police Station-Cantt, District-Gorakhpur, which is pending since 1996. 3. Contention of learned counsel for the applicant is that though trial is pending since the year 1996, u/s 498A, 306, 304B IPC, Police Station-Cantt, District-Gorakhpur but the SDM, Narvdeshwar Rai, who recorded the dying declaration, has not appeared before the Court below to prove the same as a prosecution witness or as a defence witness and the Court below erroneously discharged him on the ground that despite issuance of several process, whereabouts of the SDM, Narvdeshwar Rai is not known. 4. This Court is of the view that merely because an SDM, who recorded the dying declaration, did not appear before the Court below to prove the dying declaration, as a result whereof, the Court discharged him will not, in any way, prejudice the applicant who is the accused. 5. Therefore, this Court does not find any illegality in the order dated 04.02.2025 passed by Chief Magistrate, Juvenile Justice Board, Gorakhpur. 6. However, considering the fact that trial in question has been pending since the year 1996, Court below is directed to conclude the trial, as expeditiously as possible, preferably within a period of one year from the date of receiving the copy of this order. 7. With the aforesaid observations, present application is disposed of. Order Date :- 29.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad