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Neutral Citation No. - 2025:AHC:31506 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 408 of 2025 Applicant :- Rampal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shashi 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 S.C. No. 936 of 2022, arising out of case crime no. 127 of 2022, under Sections 323, 452, 506, 302, 201 IPC, Police Station Sikandarpur Vaishya, District Kasganj, pending in the Court of Additional Sessions Judge, Court No.6, Kasganj expeditiously.
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 2022. It is also submitted that the opposite party nos.2,3 and 4 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. It is also submitted that evidence of some prosecution witnesses has been recorded and the case is at the stage of recording the evidence of other 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 order sheets that the said S.C is pending since the year 2022 and the same is at the stage of recording of the evidence of witnesses. It also reveals from the perusal of the record that while granting bail to the accused applicant Karanpal in Criminal Misc. Bail Application No. 3834 of 2024 this Court vide order dated 22.2.2024 issued a direction to the trial court to expedite the matter and dispose it of within one year but however, the matter is still pending and the period of one
year has also elapsed. In the circumstances, the Court concerned is
directed to make all endeavours for expeditious disposal of the case, preferably within a period of 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 :- 5.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad