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Neutral Citation No. - 2025:AHC:47729 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 609 of 2025 Applicant :- Smt Sangeeta Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Upadhyay 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 Criminal Case No. 3583 of 2016, arising out of case crime no. 9 of 2016, under Sections 419, 420, 467, 468, 471 IPC, Police Station Cantt., District Allahabad pending in the Court of Additional Chief Judicial Magistrate, Court No.4, Allahabad 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 aforesaid case is pending since 2016. Accused appeared before the trial court and moved discharge application on 1.7.2017 and since then the matter is pending at the stage of disposal of discharge application and no order has been passed on the said application by the Court concerned. It is also submitted that vide order dated 5.4.2019 passed by this Court in Application U/S 482 No. 12543 of 2019, further proceedings of the said case were stayed but vide
order dated 7.1.2025 it was clarified that the Court has not extended the interim order.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. It reveals from the perusal of the order sheets that the aforesaid discharge application dated 1.7.2017 was moved in the matter but no hearing was made by the Court concerned on the said application. In the circumstances, the Court concerned is directed to dispose of the aforesaid discharge application in accordance with law within two months from the date of production of certified copy of this order before it, if there is no legal
impediment.
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 :- 4.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad