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2025 DAILYLAW 39749 (ALL)

HAJARI LAL v. STATE OF U.P. AND 5 OTHERS

NA529/827/2025 · 2025-04-14

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55285 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 827 of 2025 Applicant :- Hajari Lal Opposite Party :- State Of U.P. And 5 Others 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 Sessions Case No. 2012 of 2023, arising out of case crime no. 321 of 2021, under Sections 147, 323, 504, 506, 427, 452, 308 IPC and 7 Criminal Law Amendment Act, Police Station Khorabad, District Gorakhpur pending in the Court of Additional Sessions Judge, FTC-II, 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 aforesaid case is pending since 2023. Evidence of two prosecution witnesses has been recorded. The opposite party nos. 2 and 3 are adopting delaying tactics in disposal of the said case. The case is at the stage of cross-examination of PW-3. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that opposite party nos.2 and 6 are not cooperating with the Court concerned in the proceeding of the trial. In the circumstances, the trial court is directed to make all possible efforts to complete the cross- examination of PW-3 as early as possible and thereafter make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary adjournments to either of the parties, if there is no other 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 :- 15.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad