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2025 DAILYLAW 28900 (ALL)

DHIRENDRA SINGH v. STATE OF U.P. AND 2 OTHERS

NA529/471/2025 · 2025-03-16

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37479 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 471 of 2025 Applicant :- Dhirendra Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shashi Prakash Misra 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 expedite the Criminal Case No. W.S.C.C. 5792 of 2023 arising out of case crime no. 271 of 2022, under Sections 323, 504, 506 IPC, Police Station Kalwari, District Basti pending in the Court of Civil Judge (S.D.)/ Fast Track Court, Basti expeditiously within a 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 the aforesais case and in the said case charge sheet has been filed and the Court concerned took cognizance thereon. Process in the form of bailable warrant was ordered to be issued against them but the said order was not in fact complied with by the office of the Court and no process has been returned back so far by the police to the Court concerned and the Court concerned is not taking proper interest to ensure the appearance of the said accused before it. It is also submitted that two years have elapsed and the case is still at the stage of appearance. The trial court is not taking any interest for disposal of the case. 4. I have considered the submissions and perused the entire record. 5. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2023. The accused persons have not appeared before the Court so far. The trial court is expected to invoke its power 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. 6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 3 by sending appropriate process to them within three 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 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 :- 17.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad