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2025 DAILYLAW 38341 (ALL)

PREM MURARI MISHRA v. STATE OF U.P. AND 3 OTHERS

NA529/727/2025 · 2025-04-07

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:50401 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 727 of 2025 Applicant :- Prem Murari Mishra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashutosh Mishra,Suraj Pandey 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 Criminal Case No. 1523 of 2015 arising out of case crime no. 601 of 2015, under Sections 504, 506, 406, 471, 467, 468, 419, 420 IPC, Police Station Naini, District- Allahabad pending in the Court of Judicial Magistrate, Room No. 4, Allahabad 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. It is further submitted that the accused persons/ opposite party nos. 2 to 4 have been filed writ petition before this Court and application under Section 482 Cr.P.C. as well but they were not granted any relief by this Court. It is further submitted that the accused persons also applied for anticipatory bail but the same was not granted to them as well. It is further submitted that the accused persons are applying delaying tactics and they are not appearing before the Court and on several dates non-bailable warrants have been issued. It is further submitted that an application by the I.O. concerned to permit him to issue process under Section 82 Cr.P.C. against the opposite party nos. 2 to 3 has also been moved. It is further submitted that 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 2015. 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 party nos. 2 to 4 by sending appropriate process to them 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. 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