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Neutral Citation No. - 2025:AHC:33269 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 422 of 2025 Applicant :- Vikas Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ekansh Varma 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 learned Additional Civil Judge (Junior Division-2nd),/ Judicial Magistrate, Hapur to decide the Case No. 3369 of 2019 New Case No. 119 of 2024, Computer Case No. 3674 of 2019 under Section 193 and 195 of I.P.C., Police Station- Pilkhuwa, District Hapur expeditiously within a 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 before this Court is the complainant. 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. 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. In the circumstances, the Court concerned is directed to invoke the powers given to it under the CrPC to ensure the presence of the accused by sending appropriate process within three 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. It is further
directed that no unnecessary adjournment will be sought/granted.
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 :- 7.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad