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2025 DAILYLAW 24158 (ALL)

RAJ KARAN SINGH v. STATE OF U.P. THROUGH SECRETARY HOME AT LUCKNOW AND ANOTHER

NA529/360/2025 · 2025-04-22

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61363 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 360 of 2025 Applicant :- Raj Karan Singh Opposite Party :- State Of U.P. Through Secretary Home At Lucknow And Another Counsel for Applicant :- Rahul Mishra,Sanjay Mishra 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 Case No. 5222 of 2010, arising out of case crime no. 133 of 2010, under Sections 279, 337 IPC, Police Station Puramufti., District Kaushambi pending in the Court of Civil Judge (JD)/FTC-1, Kaushambi, expeditiously within 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 and present case is pending since 2010. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. It is also submitted that during cross-examination of PW-1 accused disappeared and several processes were sent to him to procure his presence but he is still absconding. The court concerned is not taking proper interest to dispose of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the aforesaid case is pending since long at the stage of cross-examination of PW-1. The opposite party no.2 is not cooperating with the progress of the case. 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, which is sent under its seal and order in order to procure his presence. 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 by sending appropriate process to him within 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. 7. With the above observations, the application stands disposed of. Order Date :- 23.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad