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Neutral Citation No. - 2025:AHC:34480 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 440 of 2025 Applicant :- Mohan Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Sharma 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. 15626 of 2024, under Sections 279, 304-A IPC, P.S. Mandho Tanda, District Pilibhit penidng in the Court of Chief Judicial Magistrate, Pilibhit, expeditiously within. 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 informant in the said case. The aforesaid case is pending since 2024 but till date the accused has not appeared before the trial court despite order dated 26.7.2024 for issuance of summon and the Court concerned is not taking any interest for compliance of its own order to ensure the appearance of the accused before it. 4. I have considered the submissions and perused the entire record. 5. It reflects from the perusal of the order sheets that the case is pending since the year 2024 but accused is still free and did not appear before the Court concerned. The order sheets do not reflect as to whether the orders passed by the Court concerned were actually complied with or not. The trial court is expected to invoke its power to ensure service of process upon the accused person, which is sent under its seal and order in order to procure the presence of the accused. 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 as early as possible 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, preferably within a period of two years, if there is no legal impediment. 7.
It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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