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2025 DAILYLAW 39118 (ALL)

SHAILENDRA @ SHAILENDRA v. STATE OF U.P. AND ANOTHER

NA529/815/2025 · 2025-04-10

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54002 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 815 of 2025 Applicant :- Shailendra @ Shailendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prasoon 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 expedite the proceedings of Case No. 1885 of 2010 [CNR No.UPAL-18-00] (State Vs. Shailendra @ Shailendra and others), under Sections 498A, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S.- Iglas, District- Aligarh, pending in the Court of Judicial Magistrate, Iglas, District Aligarh 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 sole accused of the case. It is further submitted that the present case pertains to the year 2010 and it has not been decided so far whereas three witnesses have already been examined but since the opposite party no.2 has moved an application under Section 311 Cr.P.C. which was rejected and again the said application was moved. The learned trial court is not taking any interest to procure the presence of opposite party no.2, the wife who has to be examined under Section 311 Cr.P.C. as her application subsequently was allowed vide order dated 06.03.2025. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the record that the matter is very old and falls within a category of critically old cases. 6. In the circumstances, the learned trial court is directed to complete the prosecution evidence within three months and then it shall make all possible endeavours to decide this case expeditiously preferably within a period of one year from the date of production of certified copy of this order before it, if there is no legal impediment as it is a chronic old case of 2010. 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 executive authorities, counsels, 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 :- 11.4.2025 Shivangi Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad