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2025 DAILYLAW 38690 (ALL)

AMBRISH DUBEY v. STATE OF U.P. AND 5 OTHERS

NA529/761/2025 · 2025-04-08

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51543 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 761 of 2025 Applicant :- Ambrish Dubey Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Anil Kumar Dubey,Chandra Bhan Dubey 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 conclude the proceedings of S.T. No. 205 of 2024 arising out of case crime no. 228 of 2020 under Section 147, 148, 323/149, 325/149, 307/149, 336, 504, 506 I.P.C., Police Station- Kerakat, District-Jaunpur pending in the Court of learned Sessions Judge, Jaunpur 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 said session trial and same is pending since 2020. It is also submitted that in this matter charges were framed against the accused persons on 30.7.2024 and since then the matter is pending at the stage of evidence and even the evidence of P.W.1 is not completed so far. The Court concerned is not taking proper interest in disposal of the said session trial. 4. I have considered the submissions and perused the entire record. 5. Applicant before this Court is the informant and he himself is the P.W.1 whose cross-examination has to be recorded. It appears from perusal of the record that FIR was lodged in the year 2020 and the evidence of P.W.1 is being recorded in piece meal by the learned trial Court in this matter. 6. In the circumstances, the applicant is directed to appear before the trial Court just on the next date of listing for further cross- examination and the trial Court is also directed to record the complete cross-examination of the applicant within one month 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. It is further directed that no unnecessary adjournment will be sought/granted. 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 :- 9.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad