Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51712 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 757 of 2025 Applicant :- Ashish Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash 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 expedite the Case No. 1178 of 2023 arising out of case crime no. 735 of 2022, under Sections 420, 406, 504, 506 IPC, Police Station Sihanigate, District- Ghaziabad pending in the Court of III Additional Chief Judicial Magistrate, Ghaziabad 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 the aforesaid case and in the said case charge sheet has been filed and the Court concerned took cognizance thereon. The Court concerned is not taking proper interest to ensure the appearance of the accused persons before it. It is also submitted that the case is still at the stage of appearance. The trial court is not taking any interest for disposal of the case.
4. I have considered the submissions and perused the entire record.
5. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2023. The accused persons have not appeared before the Court so far. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused.
6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no.2 by sending appropriate process to him within three 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.
7. It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 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 :- 9.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad