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2025 DAILYLAW 29316 (ALL)

NIRESH KUMARI v. STATE OF U.P. AND 3 OTHERS

NA529/506/2025 · 2025-03-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39241 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 506 of 2025 Applicant :- Niresh Kumari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rahul Gaur 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. 147 of 2019, arising out of case crime no. 1221 of 2017, under Section 364 IPC, Police Station NOIDA Section 49, District Gautambudh Nagar pending in the Court of Civil Judge (SD)/Additional Chief Judicial Magistrate-2, Gautam Budh Nagar, 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 accused / opposite party nos.2 to 4 were summoned in this matter. It is also submitted that they are not appearing before the Court concerned. The Court concerned is not taking proper interest to decide the said case. It is also submitted that none of the accused is detained in jail rather they are absconding. 4. I have considered the submissions and perused the entire record. 5. 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 nos.2 to 4 by sending appropriate process to them within two 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. 6. 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. 7. With the above observations, the application stands disposed of. Order Date :- 19.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad