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Neutral Citation No. - 2025:AHC:39269 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 505 of 2025 Applicant :- Hemant Kumar Yadav Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ch. Dil Nisar,Viresh 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 Case No. 2713 of 2018, under Sections 323, 504 IPC, Police Station Kasya, District Kushinagar pending in the Court of Additional Chief Judicial Magistrate, Kasya, Kushinagar, 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 in this case the accused / opposite party nos. 2 to 5 appeared before the Court and were bailed out and thereafter some of them are not appearing before the Court concerned. The Court concerned is not taking proper interest to decide the said case.
4. I have considered the submissions and perused the entire record.
5. A perusal of the copies of the order sheets goes to show that some of the accused persons are not appearing before the Court concerned and non-bailable warrants are being issued against them to procure their presence. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under law itself. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and
order in order to procure their presence. 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 5 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