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2025 DAILYLAW 33207 (ALL)

ABIDA v. STATE OF U.P. AND 5 OTHERS

NA529/567/2025 · 2025-04-23

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63372 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 567 of 2025 Applicant :- Abida Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Haya Rizvi,Ifra Fatima Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to expedite the trial of Case No.12132 of 2024 (State Vs. Maroof and others) arising out of Case Crime No.62 of 2024 under Sections 420, 504, 506, 406 IPC, Police Station Civil Lines, District Muzaffar Nagar pending in the Court of Addl. Chief Judicial Magistrate-II, Muzaffar Nagar, expeditiously within a stipulated period. 3. Applicant before this Court is the informant of the aforesaid case and prayer has been made to decide the trial of the aforesaid case expeditiously. 4. It is submitted by the learned counsel for the applicant that charge-sheet in this matter was submitted 4.6.2024 and summoning order was passed against the opposite parties no.2 to 6 / accused persons on 20.6.2024. The case is pending at the stage of appearance of the accused persons. They are not appearing before the court. Only dates are being fixed in the matter. 5. It was also brought to the notice of this Court that earlier an application under section 528 BNSS was moved by the applicant, which was dismissed as not pressed. 6. Considering the facts and circumstance of the case, the trial court is directed to make all possible efforts and to use its power attributed to it by law to procure the appearance / attendance of the accused persons within a period of three months before the court and after procuring the appearance of the accused persons, the trial court is directed further to make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties, if there is no other 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 these observations, the application is finally disposed of. Order Date :- 24.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad