PHOOLVAS ALIAS JHINNEY LAL YADAV v. STATE OF U.P. AND ANOTHER
NA529/402/2025 · 2025-03-04
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26344 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26344 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31725 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 402 of 2025 Applicant :- Phoolvas Alias Jhinney Lal Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Yadav,Vishveshwar Mani Tripathi 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. 246 of 2011, arising out of case crime no. 1393 of 2009, under Sections 4/25 Arms Act, Police Station Mahuli, District Sant Kabir Nagar pending in the Court of Chief Judicial Magistrate, Sant Kabir Nagar 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 and same is pending since
2011. 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 case. In this case charges have been framed in the year 2015 and the case is at the stage of evidence. 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 charge in this matter was framed in the year 2015 and since then the case is pending at the stage of evidence but no evidence is being adduced by the prosecution. It is very surprising that the matter, which relates to the year 2011, certainly falls in the category of 'critically old cases' but the Court concerned seems to be not taking notice of this fact. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party no. 2 by sending appropriate process as early as possible and make all endeavours for expeditious disposal of the
case within six months 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