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2025 DAILYLAW 32876 (ALL)

ANARA DEVI v. STATE OF U.P. AND 3 OTHERS

NA529/570/2025 · 2025-04-23

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63098 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 570 of 2025 Applicant :- Anara Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ambikesh Kumar Sharma,Vimal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide the Case No. 550 of 2023 (State Vs. Sefali Viswas and others), arising out of Case Crime No. 239 of 2022, under Sections 406, 420, 448, 323, 504, 506 I.P.C,, Police Station Saray Khwaja, District Jaunpur, pending in the court of Chief Judicial Magistrate, Jaunpur, 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 charge sheet was submitted against two accused persons. After framing of the charges, one of the accused persons moved discharge application before the trial court, which is pending for disposal since the year 2023. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is directed to decide the discharge application moved by the accused within a period of two months from today. In case the discharge application is rejected, the trial court shall make all the endeavours for expeditious disposal of Case No. 550 of 2023 (State Vs. Sefali Viswas and others), arising out of Case Crime No. 239 of 2022, under Sections 406, 420, 448, 323, 504, 506 I.P.C,, Police Station Saray Khwaja, District Jaunpur, pending in the court of Chief Judicial Magistrate, Jaunpur, 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 execution authorities, advocates, parties to the case, staff 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 :- 24.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad