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2025 DAILYLAW 41302 (ALL)

SMT. ASHA DEVI v. STATE OF U.P. AND 4 OTHERS

NA529/864/2025 · 2025-04-15

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56763 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 864 of 2025 Applicant :- Smt. Asha Devi Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Shree Prakash Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 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 Case No. 318 of 2019 (State Vs. Lallan Bind and others), arising out of Case Crime No. 339 of 2018, under Sections 323, 504, 325 I.P.C., Police Station Aurai, District Bhadohi, pending in the court of learned Additional Chief Judicial Magistrate, Bhadohi at Gyanpur, 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 before this Court is informant of the case. It is further submitted that discharge application moved by the accused persons has been rejected by the learned trial court. It is further submitted that charges have not been framed so far and the case is pending at the stage of framing of charge but the learned trial court is not taking any steps for framing of the charge on the accused persons. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is directed to take effective steps on the point of framing of charge over the accused persons within a period of one month from today and subsequently after framing of the charge to make all the endeavours for expeditious disposal of the Case No. 318 of 2019 (State Vs. Lallan Bind and others), arising out of Case Crime No. 339 of 2018, under Sections 323, 504, 325 I.P.C., Police Station Aurai, District Bhadohi, pending in the court of learned Additional Chief Judicial Magistrate, Bhadohi at Gyanpur, 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