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2025 DAILYLAW 31498 (ALL)

DEEPAK GUPTA v. STATE OF U.P. AND ANOTHER

NA529/749/2025 · 2025-04-08

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51983 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 749 of 2025 Applicant :- Deepak Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dubey Amit Kumar Devendra Nath,Neetu Singh 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. 129 of 2023 arising out of case crime no. 541 of 2016, under Sections 406 IPC, Police Station-Khoda, District - Ghaziabad pending in the Court of Additional Civil Judge (Senior Division)-II, Ghaziabad 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 this matter pertains to the year 2017 and only two witnesses have been examined so far and several prosecution witnesses are yet to be examined. The Court concerned is not taking proper interest in disposal of the said session trial. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. From a perusal of the record it appears that before some time the case had been pending at the stage of appearance of the accused applicant because on so many dates he did not appear before the Court causing delay. 7. Since the accused applicant has been defaulter, no time bound direction needs to be given to the trial Court, however, since the case is very old, the Court concerned is directed to invoke the powers given to it under the CrPC to ensure the presence of the accused by sending appropriate process and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 9.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad