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Neutral Citation No. - 2025:AHC:51496 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 762 of 2025 Applicant :- Nitendra Kannaujiya Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Ashok Kumar Tripathi 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 conclude the trial of Case No. 3061 of 2014 arising out of case crime no. 331 of 2014 under Sections 147, 148, 323, 504, 506, 354ka, 352 I.P.C., Police Station-Kalyanpur, District- Kanpur Nagar pending in the Court of learned Additional Chief Judicial Magistrate, Court No.2, Kanpur Nagar expeditiously within 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 the complainant and this matter relates to the year 2013. It is further submitted that the evidence of P.W.1 and P.W.2 has been recorded but however the case is pending for recording the evidence of other witnesses but the learned trial Court is not taking any interest to ensure the present of the witnesses before the Court. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It is reminded that the criminal Courts are not helpless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same in the CrPC itself. 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 make all endeavours to decide the aforesaid case expeditiously preferably within a period of two years from the date of production of
certified copy of this order before it, if there is no legal impediment. 8. 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. 9. 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