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2025 DAILYLAW 27017 (ALL)

SHAMEEM v. STATE OF U.P. AND ANOTHER

NA529/424/2025 · 2025-03-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33649 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 424 of 2025 Applicant :- Shameem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. During course of argument, the learned counsel for the applicant has prayed for a direction to the court concerned to decide the application which has been filed to separate the trial of the applicant in Criminal Case No. 4011 of 2020, arising out of case crime no.131 of 2013, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District- Meerut pending in the Court of Additional Civil Judge (J.D.), Court No.2,Meerut expeditiously within stipulated period. 2. Heard Shri Vishal Ohri, holding brief of Shri Anand Ji Mishra, 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 in this case the applicant is appearing before the Court concerned regularly but other accused persons are not appearing on account of which the trial is pending, therefore, an application has been moved by the applicant before the court concerned to separate the trial of the applicant from the other accused persons which is kept pending and no order has been passed on the said application by the Court concerned. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It appears from perusal of the record that the case in hand relates to the year 2013 and even after a lapse of about 12 years the trial is still pending at the stage of appearance of the accused persons. It also appears from the perusal of the record that the present accused applicant has already moved an application dated 5.6.2024 to separate his trial from the other accused persons but no order has been passed so far. 7. In the circumstances, the Court concerned is directed to dispose of the aforesaid application moved on behalf of the applicant in accordance with law within one month 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. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 7.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad