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Neutral Citation No. - 2025:AHC:36626 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 461 of 2025 Applicant :- Yogendra Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Yadav 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 G.T. No. 86 of 2009 in case crime no. 607 of 2008 under Section 3 (1) U.P. Gangsters and Anti-Social Activities (Prevention) Act 1986, P.S.- Rudrapur, District- Deoria pending in the Court of learned Additional District Judge, Court No.5, Deoria 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 the applicant before this Court is one of the accused person. It is further submitted that charges in this matter were framed on 29.8.2018 and since then the case is pending at the stage of prosecution evidence but no evidence has been adduced by the prosecution even after a lapse of about 7 years. It is also submitted that the matter is pending at the stage of appearance at present on account of absence of two of the accused persons. 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. In the circumstances, the Court concerned is directed to invoke the powers given to it under the CrPC to ensure the presence of the accused persons by sending appropriate process 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 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 :- 12.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad