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2025 DAILYLAW 36676 (ALL)

UMA SHANKAR GUPTA v. STATE OF U.P. AND 3 OTHERS

NA529/713/2025 · 2025-04-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50956 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 713 of 2025 Applicant :- Uma Shankar Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Yadav 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 Complaint Case No. 21172 of 2023 under Sections 323, 504 IPC, Police Station Kotwali, District- Fatehpur pending in the Court of Additional Chief Judicial Magistrate, Court No. 3, Fatehpur 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 the complaint case is pending at the stage of appearance of the accused persons. It is further submitted that the accused persons were summoned by the Court to face the trial vide order dated 25.10.2024 and still the matter is pending at the stage of appearance of co-accused Rakesh Modanwal/ opposite party no.4. 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 invoke the powers given to it under the CrPC to ensure the presence of the accused by sending appropriate process within two 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. It is further directed that no unnecessary adjournment will be sought/granted. 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 :- 8.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad