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Neutral Citation No. - 2025:AHC:68710 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 909 of 2025 Applicant :- Irfan Ali Opposite Party :- State Of U.P. And 6 Other Counsel for Applicant :- Rajnish Dubey 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.292 of 2024, old case no. 415 of 2023 under Section 156(3) Cr.P.C., Police Station- Kotwali Orai, District- Jalaun pending in the Court of Chief Judicial Magistrate, Orai, District- Jalaun 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 after filing of the said complaint case evidence was adduced by the applicant/ complainant before the trial Court, which was sufficient to pass a summoning order against opposite parties but however only dates are being fixed in the Court and no order on the point of summoning of the accused as such has been passed by the Court, this creating a delay in the proceeding and disposal of the case.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. It reveals from perusal of the record that the matter is not pending at the stage of summoning rather the Court has passed the
order on 29.1.2025 to the police to inquire into the matter and send its report to the Court. It also appears that the said report has not been submitted before the trial court.
7. In the circumstances, the trial Court is directed to use its power given to him under law against the local police and after obtaining the inquiry report expeditiously, the Court shall proceed to pass an
order on the point of summoning without an unnecessary delay.
8. With the above observations, the application stands disposed of.
Order Date :- 1.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad