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2025 DAILYLAW 39568 (ALL)

SANJAY KUMAR YADAV v. STATE OF U.P. AND 5 OTHERS

NA529/807/2025 · 2025-04-10

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54152 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 807 of 2025 Applicant :- Sanjay Kumar Yadav Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Rajeev Kumar Singh 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. 38181 of 2023 (State Vs. Rishikesh Yadav and others) arising out of Case Crime No.245 of 2023, under Sections 147, 148, 323, 504, 506, 307, 325 I.P.C., P.S.- Gulariha, District- Gorakhpur, pending in the Court of Civil Judge (Senior Division)/FTC/Additional Chief Judicial Magistrate Gorakhpur 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 this case. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the record that the accused persons have appeared before the trial court but exemption application is being filed by them which is causing hindrance in committal of this matter. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under law itself. The trial court is expected to invoke its power to ensure service of process upon the opposite party nos.2 to 6, which is sent under its seal and order in order to procure his presence. 6. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party nos.2 to 6 by sending appropriate process to them within three months from the date of production of certified copy of this order before it and thereafter the case should be committed without any delay, if there is no legal impediment. 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