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2025 DAILYLAW 26787 (ALL)

BHUPENDRA UPADHYAY v. STATE OF U.P. AND 2 OTHERS

NA529/432/2025 · 2025-03-09

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34655 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 432 of 2025 Applicant :- Bhupendra Upadhyay Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Yogesh 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 Case No. 2639 of 2024, arising out of case crime no.0687 of 2023, under Sections 420, 406, 506 IPC, Police Station Sihani Gate, District Ghaziabad pending in the Court of A.C.J.M., Court No.3, Ghaziabad 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 aforesaid case is pending since 2024. The applicant is informant in the matter. It is also submitted that the discharge application moved by the opposite party nos.2 and 3 before the Court concerned has been dismissed vide order dated 21.11.2024. They are not appearing before the Court and due to their non-appearance the case is pending unnecessarily without any proper and effective proceeding and even charges have not been framed in the matter. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of opposite party nos.2 and 3. The trial court is expected to invoke its power provided under law to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 and 3 by sending appropriate process to them and to ensure the actual compliance by the office of its own orders within two months from the 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 :- 10.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad