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Neutral Citation No. - 2025:AHC:32369 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 418 of 2025 Applicant :- Rinku Alias Rinku Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi 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. 17655 of 2023 arising out of case crime no. 100 of 2022, under Sections 324, 325, 504, 506 IPC Police Station-Basai Jagner, District Agra pending in the Court of Additional Chief Judicial Magistrate, Court No.3, Agra 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 in the said case and same is pending since 2023. It is also submitted that the opposite parties are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. Charges have been framed in the matter on 9.1.2024. It is also submitted that the case is pending at the stage of recording the evidence of witnesses. The Court concerned is not taking proper interest in disposal of the said session trial.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. It reveals from the perusal of the record that on 9.1.2024 charges have been framed and the case is pending at the stage of evidence of witnesses and few dates have gone at the same stage. The applicant before this Court is the informant of the case and since the case is fixed for evidence and normally it starts with the deposition of P.W.1/ informant, who himself is appearing before this Court seeking relief for expeditious disposal of the case.
7. In the circumstances, the applicant is directed to appear before
the trial Court just on the next date of listing for recording his testimony and the trial Court is also directed that in case the applicant appears, his evidence shall be concluded on the same day and thereafter the trial Court shall make all endevour to decide the case as expeditiously, if there is no legal impediment. It is further
directed that no unnecessary adjournment will be sought/granted.
8. This Court condemns the conduct of the applicant Rinku Alias Rinku Kumar who should be the first witness to be examined before the Court concerned but unnecessarily he knocked the door of this Court, which is not a good practice.
9. With the above observations, the application stands disposed of.
Order Date :- 6.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad