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2025 DAILYLAW 35173 (ALL)

SUNDAR YADAV v. STATE OF U.P. AND ANOTHER

NA529/794/2025 · 2025-04-10

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53696 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 794 of 2025 Applicant :- Sundar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Singh,Seema 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 decide the Sessions Trial No. 743 of 2022 arising out of Case Crime No.656 of 2018 under Sections 420, 386, 407, 411, 413, 266, 34, 120-B IPC, Police Station Vijay Nagar, District- Ghaziabad pending in the Court of Additional District Judge, F.T.C.-1, 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 before this Court is one of the accused person of this case. It is further submitted that co-accused Kuldeep had moved an Application U/S 482 Cr.P.C. No. 18232 of 2023 and the proceedings of the case were stayed only for co-accused Kuldeep. A number of accused persons have been charge sheeted in this matter and on so many dates the charges could not be framed on account of non-presence of the accused persons. The case is pending at the stage of framing of charge and the accused persons are applying delaying tactics and till date charges have not been framed in the matter. 4. I have considered the submissions and perused the entire record. 5. The trial court is expected to take strict action against the accused persons, who are trying to delay the trial of this case and even charges have not been framed on account of their delaying tactics. 6. In the circumstances, the Court concerned is directed to pass an order on the point of framing of charge in this case as per law within two month 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 be granted to any of the accused persons on any ground whatsoever 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 :- 11.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad