SUDHIR KUMAR MADDESHIYA v. STATE OF U.P. AND 5 OTHERS
NA529/463/2025 · 2025-03-11
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29066 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29066 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:36532 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 463 of 2025 Applicant :- Sudhir Kumar Maddeshiya Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Akhilesh Bharti,Kamlesh Prasad,Shailendra Kumar 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 Complaint Case No.18828 of 2023, under Sections 323, 382, 354, 452, 504, 506, 120-B, Police Station Barhaj, District Deoria pending in the Court of Chief Judicial Magistrate, Court No.17, Deoria 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 complainant in the said matter which was filed on 10.10.2023 but presently even the statement of present applicant/ complainant under Section 200 Cr.P.C. has not been recorded by the trial Court. It is also submitted that the Court concerned is not taking any interest for disposal of the case.
4. It reveals from the perusal of the record that even in the presence of complainant the trial Court ignored to record his statement under Section 200 Cr.P.C. The matter is pending since
2023.
5. Learned AGA opposed the prayer.
6. I have considered the submissions and perused the entire record.
7. In view of the above, the Court concerned is directed to record the evidence of complainant and other evidence, if any, under Section 200 and 202 Cr.P.C. and then order on the point of summoning be passed in accordance with law preferably within three months from the date of production of certified copy of this
order before it, if there is no legal impediment.
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