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Neutral Citation No. - 2025:AHC:29201 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6787 of 2025 Applicant :- Arvind Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. By means of the present application under Section 528 BNSS, the applicant has sought following relief:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned Additional District and Sessions Judge/Special Judge, D.A.A., Budaun to consider and pass appropriate order on the application dated 13.01.2025 (Annexure No.5 to the affidavit) filed by the applicant in Complaint Case No.1196 of 2024; (Arvind Maurya Vs. Ramesh and Others), U/s 354, 392, 395, 397, 323, 325, 504, 506, 307, 147, 148, I.P.C., P.S. Kotwali, District Budaun, within the short stipulated period to be fixed by this Hon'ble Court, and/or grant such other and further relief, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury."
3. It is submitted by learned counsel for the applicant that regarding an incident dated 25.12.2023, the applicant has lodged aforesaid case against opposite parties. Regarding same incident, private opposite parties have also lodged a cross complaint against applicant and others vide Complaint Case No.641 of 2024 and both the said cases are pending in the same court. Applicant has moved an application dated 13.01.2025 before the trial Court stating that both the cases may be decided together but that application has not been decided by the trial Court so far. It was submitted that a direction may be issued to the concerned court to decide the aforesaid application within specific time frame.
4. In view of aforesaid, the trial Court concerned is directed to expedite the proceedings of the application dated 13.01.2025 filed in aforesaid case and to decide the same as early as possible,
preferably within a period of three months from the date of production of copy of this order before the court concerned, provided there is no legal impediment.
5. The application under Section 528 B.N.S.S. is disposed of accordingly. Order Date :- 3.3.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad