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2025 DAILYLAW 3954 (ALL)

G.D. SHARMA , BRIJ MOTORS PVT. LTD. v. STATE OF U.P. AND 3 OTHERS

A483/36/2025 · 2025-01-31

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14531 Court No. - 82 Case :- APPLICATION U/S 483 No. - 36 of 2025 Applicant :- G.D. Sharma , Brij Motors Pvt. Ltd. Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Markandey Rai,Pradeep Kumar Rai,Sandeep Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed seeking direction to the court concerned to decide the Complaint Case No. 1397 of 2017, under Sections 406 IPC, Police Station New Agra, District- Agra pending in the Court of Special Chief Judicial Magistrate, Agra 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 an application under Section 156 (3) Cr.P.C. was moved by the present applicant informant which was treated as a complaint case on 7.4.2017 and since then the case is pending at the stage of appearance of the accused persons and the Court concerned is not taking proper interest to ensure the appearance of the accused before it. It is also submitted that seven years have elapsed and the case is still at the stage of appearance. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It appears that the aforesaid case is pending since long at the stage of appearance of accused. 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. 7. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused persons by sending appropriate process to them within three months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 31.1.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad