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Neutral Citation No. - 2025:AHC:51516 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 742 of 2025 Applicant :- Rameshwar Kumar Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Km. Madhubala,Mithilesh Kumar 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 Special Session Trial No. 47 of 2017, arising out of case crime no. 256 of 2016, under Sections 147, 323, 504, 506, 325 IPC and 3(1)(r)(s) and 3(2) (va) of SC/ST Act, Police Station Pawai, District Azamgarh pending in the Court of Special Judge (SC/ST Act), Azamgarh, 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 aforesaid S.S.T. is pending at the stage of evidence and only one witness / applicant has been examined so far. The trial is being delayed on account of non-appearance of the accused persons. It is also submitted that the Court concerned is not taking proper interest to ensure the appearance of the accused before it. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2017. The accused persons are not appearing before the Court concerned. 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. 7. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 9 and also the witnesses by sending appropriate process to them and thereafter all endeavours shall be
made by it for expeditious disposal of the case, if there is no legal impediment. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 9.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad