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2025 DAILYLAW 29419 (ALL)

SHEETLA PRASAD GUPTA v. STATE OF U.P. AND 2 OTHERS

NA529/476/2025 · 2025-03-16

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37149 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 476 of 2025 Applicant :- Sheetla Prasad Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Niwas Kumar Gupta,Sanjai Singh 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 Case No.155 of 2020, arising out of Case Crime No.33 of 2022 under Sections 406, 420 IPC, Police Station Aurai, District-Bhadohi pending in the Court of Additional Chief Judicial Magistrate, Bhadohi at Gyanpur 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 of the aforesaid case. The case is pending at the stage of appearance of the opposite party nos.2 and 3 and the accused persons are applying delaying tactics and till date charges have not been framed in the matter. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the order sheets that the matter is pending since 2020 and even charges have not been framed so far. The accused persons are applying delaying tactics in the matter. The trial court is expected to take strict action against the accused persons, who are trying to delay the trial of this case and even charges have not been framed on account of their delaying tactics. 6. In the circumstances, the Court concerned is directed to pass an order on the point of framing of charge in this case as per law within six month from the date of production of certified copy of this order before it. It is also directed that on the date fixed by the trial court all the accused persons shall appear before the Court and no adjournment or exemption for appearance will be granted to any of the accused persons on any ground whatsoever 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