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2025 DAILYLAW 26064 (ALL)

PUSHPENDRA v. STATE OF U.P. AND ANOTHER

NA529/466/2025 · 2025-03-16

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37210 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 466 of 2025 Applicant :- Pushpendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lovekush Kumar 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 Criminal Case No. 2706 of 2016 in case crime no. 221 of 2015 under Section 13G of Public Gambling Act, 1967, Police Station- Sikandara, District- Agra pending in the Court of learned Additional Chief Judicial Magistrate, 8th 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 accused in the said case the case is pending at the stage of evidence and statement of witnesses since 2016. 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 and thereafter all endeavours shall be made by it for expeditious disposal of the case preferably within one year from the date of production of certified copy of this order before it, 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 :- 17.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad