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2025 DAILYLAW 41095 (ALL)

VIVEK KUMAR MAURYA ALIAS VIVEK MAURYA v. STATE OF U.P. AND ANOTHER

NA529/848/2025 · 2025-04-15

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56365 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 848 of 2025 Applicant :- Vivek Kumar Maurya Alias Vivek Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babu Lal Ram,Rachana Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 of Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide the proceedings of Case Crime No. 397 of 2019 (State Vs. Vivek Kumar Maurya), under Sections 460, 411 I.P.C., Police Station Panki, District Kanpur Nagar, 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 in the instant case an F.I.R. was lodged in the year 2019. When the applicant was implicated in the present case, he was juvenile and he was declared juvenile by the Juvenile Justice Board, Kanpur Nagar. It is further submitted that the applicant is student and the case is pending since 2019 at the state of framing of charge and also for ascertainment of age of the applicant. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. From perusal of the record, it appears that the case is pending at the stage of framing of charge and ascertainment of age of the applicant. 6. In the facts and circumstances of the case, the learned trial court is directed to make all the endeavours to decide the proceedings of Case Crime No. 397 of 2019 (State Vs. Vivek Kumar Maurya), under Sections 460, 411 I.P.C., Police Station Panki, District Kanpur Nagar, expeditiously and preferably within a period of one year from the date of production of certified copy of this order without granting unnecessary adjournment to either of the parties, 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 execution authorities, advocates, parties to the case, staff 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 :- 16.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad