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2025 DAILYLAW 38223 (ALL)

SMT. NOORJAHAN KHATOON v. STATE OF U.P. AND 3 OTHERS

NA529/1017/2025 · 2025-05-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73827 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1017 of 2025 Applicant :- Smt. Noorjahan Khatoon Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arshid Husain,Azaz Ahmad,Naveen Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Case No. 09 of 2020 (State Vs. Saqlain and others), arising out of Case Crime No. 515 of 2019, under Sections 147, 452, 323, 504, 506 and 427 I.P.C., Police Station Khalilabad, District Sant Kabir Nagar, pending before the Juvenile Justice Board, Sant Kabir Nagar, 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 trial of this case is pending before the Juvenile Justice Board since the year 2020 but juvenile offenders-opposite party nos. 2 to 4 are not appearing before the Juvenile Justice Board and the Juvenile Justice Board has passed some punitive orders against their guardians but still they are not appearing before the court. 4. Learned A.G.A. opposed the prayer. 5. I have considered the submissions and perused the record. It reveals from the perusal of the order sheets that the present case is pending at the stage of appearance of the juvenile offenders- opposite party nos. 2 to 4 through their guardians. It is reminded that the criminal courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same in the law 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. 6. In the facts and circumstances of the case, the learned Juvenile Justice Board, Sant Kabir Nagar is directed to take effective steps for procuring the presence of the juvenile offenders-accused- opposite party nos. 2 to 4 through their guardians within a period of two months from today and to make all the endeavours for expeditious disposal of Case No. 09 of 2020 (State Vs. Saqlain and others), arising out of Case Crime No. 515 of 2019, under Sections 147, 452, 323, 504, 506 and 427 I.P.C., Police Station Khalilabad, District Sant Kabir Nagar, pending before the Juvenile Justice Board, Sant Kabir Nagar, without granting any unnecessary adjournment to either of the parties, 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 execution authorities, advocates, parties to the case, staff 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 :- 7.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad