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Neutral Citation No. - 2025:AHC:30479 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 378 of 2025 Applicant :- Rajeev Yadav Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Dharmendra Kumar Chaubey,Pravin Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to conclude the trial in Case No. 29707 of 2023, arising out of case crime no.918 of 2021, under Sections 420, 406, 506 and 120B IPC, Police Station Surajpur, District- Gautam Buddh Nagar pending in the Court of Chief Judicial Magistrate, Gautam Buddh Nagar 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 aforesaid case is pending since 2022 at the stage of disposal of discharge application. It is further submitted that discharge application was firstly moved by accused Pragya but again discharge application was moved by some of the accused persons and the same is still pending. It is further submitted that non- bailable warrants were also issued against some accused persons. It is also submitted that co-accused Ashok has expired and several dates were fixed for grant of time to the prosecution to submit the death certificate of the said co-accused Ashok. It is also submitted that the opposite party no.6/ accused had approached this Court through Application U/S 482 No. 27503 of 2022 but no stay order has been granted in this matter. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It appears that the aforesaid discharge application was moved in the matter, which is still pending. In the circumstances, the Court concerned is directed to procure the death certificate of the co-
accused Ashok and dispose of the said discharge application in accordance with law within two months from the date of production of certified copy of this order before it, if there is no legal impediment. 7. 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. 8. With the above observations, the application stands disposed of. Order Date :- 4.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad