PANCHDEV YADAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA529/437/2025 · 2025-03-09
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27988 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27988 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:34538 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 437 of 2025 Applicant :- Panchdev Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Anand,Sachin Singh 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. 1159 of 2012, arising out of NCR no. 35 of 2012, under Sections 323, 504, 506 IPC, Police Station Bankata, District Deoria pending in the Court of Chief Judicial Magistrate, Room No.11, Deoria expeditiously within stipulated period. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicants that the applicants are the accused in the said case and same is pending since 2012. 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. 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 sheet in this matter was submitted in the year 2012. The Court took some time to procure the appearance of the accused and charges were framed and since then the case is pending at the stage of evidence but no evidence is being adduced by the prosecution. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the witnesses by sending appropriate processes and thereafter all endeavours shall be made by it for expeditious disposal of the case, preferably within one year, 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 :- 10.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad