Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50630 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 731 of 2025 Applicant :- Smt Rashmi Sundrani Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mashhood Abbas,Uday Prakash Sriwastawa 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 Protest Petition against F.R. No. 370 of 2022 (dated 22.11.2022), arising out of case crime no. 1514 of 2018, under Sections 419, 420, 467, 468, 471, 120-B IPC, P.S. Dhoomanganj, District Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.16, Allahabad, expeditiously within a stipulated period.
2. Heard Shri Mashhood Abbas and Shri Uday Prakash Sriwastawa, 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 said case. After investigation in the matter, a final report was submitted by the police. It is also submitted that challenging the said closure report a protest petition was filed by the present applicant but the same is still pending since long. The Court concerned is not taking proper interest in disposal of the misc. case relating to the protest petition.
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 final report dated 22.11.2022 was filed in the matter by the police and against the same a protest petition dated 3.10.2023 has been filed which is still pending. In the circumstances, the Court concerned is
directed to decide the said protest petition in accordance with law within a period of three months from the date of production of certified copy of this order before it, if there is no legal impediment.
7. 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.
8. With the above observations, the application stands disposed of.
Order Date :- 8.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad