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Neutral Citation No. - 2025:AHC:39160 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 510 of 2025 Applicant :- Abhishek Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikrant Singh Parihar,Vipin Kumar Pandey 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. 1923 of 2023, arising out of case crime no. 787 of 2022, under Sections 420, 406, 506 IPC, P.S. Dhoomanganj, District Prayagraj pending in the Court of Additional Chief Judicial Magistrate-16, Allahabad 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 informant in this case and present case is pending since 2023 but till date the accused has not appeared before the trial court. 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.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the accused / opposite party no.2 by sending appropriate process to him within two 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.
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 :- 19.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad