MUKESH KUMAR BHATNAGAR v. STATE OF U.P. AND ANOTHER
NA529/758/2025 · 2025-04-08
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38744 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38744 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:51680 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 758 of 2025 Applicant :- Mukesh Kumar Bhatnagar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar 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 decide the Case No. 365 of 2019 arising out of case crime no. 1006/ 2018 under Section 406, 506 I.P.C., Police Stataion- Civil Lines, District- Moradabad pending in the Court of learned Additional Small Causes Court/ Additional Chief Judicial Magistrate, Moradabad within 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 matter pertains to the year 2019. The prosecution has closed its evidence and the matter is pending at the stage of defence evidence as the only one defence witness has been examined and now the dates are being fixed for recording the evidence of other witnesses but it is taking a long time to finish the evidence adduced by the defence.
4. I have considered the submissions and perused the record.
5. In the circumstances, the Court concerned is directed to pass suitable orders against the accused for not furnishing the defence evidence before the Court and then without granting unnecessary adjournments to the parties the Court shall make all possible endevours to decide the aforesaid case in accordance with law keeping in view the work load of that Court and also the cooperation rendered by the applicant of this case, if there is no legal impediment.
6. 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.
7. 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