Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52799 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 776 of 2025 Applicant :- Smt Saroj Devi Opposite Party :- State Of U.P. And 11 Others Counsel for Applicant :- Rahila Sikandar,Vishal Mishra 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 expedite the Case No.991 of 2023 arising out of case crime no. 37 of 2023, under Sections 147, 323, 307, 325, 504, 506 IPC, Police Station Bara,, District- Prayagraj pending in the Court of Judicial Magistrate III, Prayagraj 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 in the said case charge sheet has been filed and the Court concerned took cognizance thereon. It is further submitted that some of the accused have appeared but some are still missing and punitive process have been issued against them by the Court. The Court concerned is not taking proper interest to ensure the appearance of the said accused before it. 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. Some of 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 take all possible measures to procure the presence of the accused / opposite parties by sending appropriate process to them within three 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 keeping in view the work load of that Court and also the cooperation rendered by the applicant of this case .
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 :- 10.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad