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Neutral Citation No. - 2025:AHC:56429 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 850 of 2025 Applicant :- Hari Charan Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subham Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 of 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 the Case No. 3247/IX of 2018 (Hari Charan Upadhyay Vs. Dhaneshchand and others), under Section 406 I.P.C., Police Station Kotwali, District Mathura, 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 before this Court is complainant and the case is pending since 2018 at the stage of recording of evidence under Section 244 Cr.P.C. and the accused-opposite party no. 2 is avoiding for disposal of the case.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. In the facts and circumstances of the case, the learned trial court is directed to take effective steps for recording of evidence under Section 244 Cr.P.C. within a period of three months from today and subsequently after recording of evidence under Section 244 Cr.P.C. to make all the endeavours for expeditious disposal of the Case No. 3247/IX of 2018 (Hari Charan Upadhyay Vs. Dhaneshchand and others), under Section 406 I.P.C., Police Station Kotwali, District Mathura without granting 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 :- 16.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad