Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:56038 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 518 of 2025 Applicant :- Smt. Sushila Devi Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Dharmendra Kumar Mishra,Karunesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Case No.28 of 2013 (State Vs. Ram Singh and others) arising out of case crime no.293 of 2012, under Sections 323, 325, 504 IPC, Police Station Mauaima, District Prayagraj pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Allahabad, 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 in this case. Charge-sheet was submitted in this matter on 4.10.2012 whereas cognizance in this case was taken on 5.1.2013 but till date no charge has been framed against the accused persons. Perusal of the order-sheet reveals that the case is pending for long due to non-appearance of some of the accused persons before the court. Only dates are being fixed in the matter and the accused persons are adopting delaying tactics to linger on the case.
4. I have considered the submissions and perused the entire record.
5. It appears from the perusal of the record that the matter is still pending to procure the appearance of some of the accused persons but they are not appearing despite several process sent to them. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under its name
6. In the circumstances, the Court concerned is directed to procure
the appearance of those accused persons, who are not appearing, as per law within a period of three months 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 normally be granted to the accused persons on any ground whatsoever and thereafter all endeavours shall be made by it for expeditious disposal of the aforesaid case, 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 :- 15.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad