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2025 DAILYLAW 23904 (ALL)

DINESH KUMAR v. STATE OF U.P. AND ANOTHER

NA529/358/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83386 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 358 of 2025 Applicant :- Dinesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. The present application under Section 529 BNSS has been filed with a prayer to direct the Civil Judge (JD)/FTC, District Rampur to decide the Case No. 189 of 2013, arising out of case crime no. 702 of 2012, under Sections 420, 467, 468, 471 IPC, Police Station Kemari, Rampur expeditiously within a stipulated period. 2. Heard learned counsel for the applicant, learned AGA and perused the material available on record. 3. It is submitted by learned counsel for the applicant that the applicant is accused in the said case. It is also submitted that the matter is pending at the stage of evidence. It is next submitted that no sincere efforts are being made by the Court concerned to decide the said case. It is further submitted that the opposite party no.2 is also applying delaying tactics in disposal of the said case. 4. A perusal of the copies of the order sheets goes to show that the aforesaid case was filed in the year 2013. It also appears that the matter is pending at the stage of evidence of prosecution witnesses. 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 law itself. The trial court is expected to invoke its power to ensure service of process upon the opposite party no.2 and other witnesses, which is sent under its seal and order in order to procure his presence. 5. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party no.2 and other witnesses by sending appropriate process to them as early as possible 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, preferably within a period of one year, keeping in view the heavy work load in the said Court, if there is no legal impediment. 6. 6. 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. 7. With these observations, the application is finally disposed of. Order Date :- 19.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad