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2025 DAILYLAW 39509 (ALL)

SMT. VIJAY KANTI v. STATE OF U.P. AND 4 OTHERS

NA529/793/2025 · 2025-04-10

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53837 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 793 of 2025 Applicant :- Smt. Vijay Kanti Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Devi Prasad Tripathi,Manish Kumar 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 decide the Case No. 12766 of 2023 in case crime no. 521 of 2021 under Sections 323, 504, 506 I.P.C., Police Station- Shivali, District- Kanpur Dehat pending in the Court of learned Chief Judicial Magistrate, Kanpur Dehat expeditiously 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 said criminal case is pending since 2023. It is also submitted that the applicant is the informant of the said case and he is sufferer and even after a long time the case is pending at the stage of appearance. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the circumstances, 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. Further the Court concerned is also directed to make all endeavours to decide the aforesaid case expeditiously without granted unnecessary adjournment to either of the parties keeping in view the work load of that Court and also the cooperation rendered by the applicant of this case. 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 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad