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2025 DAILYLAW 41886 (ALL)

SHANTI DEVI v. STATE OF U.P. AND ANOTHER

NA529/871/2025 · 2025-04-15

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56863 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 871 of 2025 Applicant :- Shanti Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Mishra,Shri Krishna Mishra 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. 7001 of 2022, (State of U.P. Vs. Kamlesh), arising out of Case Crime No. 116 of 2020, under Sections 420, 467, 468, 471 and 120B I.P.C., Police Station Ounj, District Bhadohi, pending in the court of learned Judicial Magistrate-II, Bhadohi, 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 and the case is pending since the year 2022. It is further submitted that partial evidence of PW-1 applicant Shanti Devi has been recorded and the matter is pending at the stage of cross-examination of PW-1 applicant. The applicant-PW-1 is running before the court on each and every date but her cross examination has not been completed so far. 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 for completing the cross- examination of applicant-PW-1 within a period of one month from today and to make all the endeavours for expeditious disposal of the Case No. 7001 of 2022, (State of U.P. Vs. Kamlesh), arising out of Case Crime No. 116 of 2020, under Sections 420, 467, 468, 471 and 120B I.P.C., Police Station Ounj, District Bhadohi, pending in the court of learned Judicial Magistrate-II, Bhadohi, 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