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2025 DAILYLAW 30889 (ALL)

MANOJ YADAV v. STATE OF U.P. AND 2 OTHERS

NA529/502/2025 · 2025-03-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39117 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 502 of 2025 Applicant :- Manoj Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Satyendra Kumar Pandey 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.5310 of 2022 (Manoj Yadav vs. Dhanji Yadav and others), pending in the Court of Additional Chief Judicial Magistrate-I, Ballia 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 summoning order in the matter was passed on 24.5.2023 and the opposite party nos.2 and 3 were summoned to face trial under Sections 323, 504, 506, 452, 427 IPC. It is also submitted that subsequently they appeared before the Court and were bailed out and they again absconded and since then the case is pending and only dates are being fixed. 4. I have considered the submissions and perused the record. 5. It appears from the perusal of the record that the application U/S 156(3) CrPC was treated as complaint and after necessary formalities, the aforesaid summoning order was passed and the accused persons appeared and obtained bail thereafter they are absconding. The case is pending at the stage of recording of evidence under Section 244 CrPC. 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 and 3 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. 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