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2025 DAILYLAW 40176 (ALL)

PRAVEEN TOMAR v. STATE OF U.P. AND 3 OTHERS

NA529/1004/2025 · 2025-05-06

Nalin Kumar Srivastava

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:77048 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1004 of 2025 Applicant :- Praveen Tomar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Case No.262 of 2021 (State Vs. Atul) arising out of Case Crime No.508 of 2020 under Sections 307, 325, 504, 506 IPC, Police Station Pilkhuwa, District Hapur pending in the Court of Chief Judicial Magistrate, Hapur, expeditiously within a stipulated period. 3. Applicant before this Court is the informant of the aforesaid case, which is pending since 2021 and prayer has been made to decide the trial of the aforesaid case expeditiously. 4. It is submitted by the learned counsel for the applicant that the accused persons / opposite parties no.2, 3 & 4 have been granted bail in this matter. Earlier a protection was given to them by the High Court but it is submitted that the said protection was subsequently withdrawn. It is further submitted that the accused persons are not cooperating with the court and the case is pending at the stage of their appearance and non-bailable warrants have also been issued against them. 5. Considering the facts and circumstance of the case, the trial court is directed to make all possible efforts and to use its power attributed to it by law to procure the appearance / attendance of the accused persons within a period of three months before the court and after procuring the appearance of the accused persons, the trial court is directed further to make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. 6. 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. 7. With these observations, the application is finally disposed of. Order Date :- 7.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad