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2025 DAILYLAW 41810 (ALL)

RAKESH BANSAL v. STATE OF U.P. AND 3 OTHERS

NA529/933/2025 · 2025-04-27

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64919 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 933 of 2025 Applicant :- Rakesh Bansal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kulveer 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 decide the Case No. 1236 of 2009 in case crime no. 68 of 2009 under Sections 325, 323, 504, 506 I.P.C., Police Station- Fatehpur, District- Saharanpur pending in the Court of learned Additional Chief Judicial Magistrate-II, Saharanpur expeditiously within 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 applicant is the real brother of the first informant namely Suresh Kumar Gupta and applicant is the injured person in the aforesaid case. It is further submitted that the charges were framed in the year 2011 and since then the matter is pending for recording the prosecution evidence. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It is very alarming that in such an old case the trial Court is not taking proper interest to procure the entire evidence of prosecution. 7. The trial court is expected to invoke its power to ensure service of process upon the witnesses, which is sent under its seal and order in order to procure the presence of the witnesses. 8. In the circumstances, the Court concerned is directed to make all endeavours to decide the aforesaid case expeditiously preferably within a period of six months from the date of production of certified copy of this order before it, if there is no legal impediment. 9. 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. 10. With the above observations, the application stands disposed of. Order Date :- 28.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad