Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65032 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 930 of 2025 Applicant :- Smt. Neeta Pandey Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shyam Surat Shukla 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 expedite the Criminal Case No. 4318 of 2009 arising out of case crime no. 407 of 2009, under Sections 452, 323, 324,, 325, 504, 506 IPC, Police Station Kotwali, District Fatehpur pending in the Court of learned Judicial Magistrate, Fatehpur 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 is the informant in the aforesaid case and the case is pending since 2009. It is further submitted that the case is pending at the stage of evidence and the Court concerned is not taking proper interest to ensure the appearance of the said accused before it. The trial court is not taking any interest for disposal of the case.
4. I have considered the submissions and perused the entire record.
5. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2009. The accused persons have not appeared before the Court so far. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused.
6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite parties by sending appropriate process to them within three months from the date of production of certified copy of this
order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment.
7. It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 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.
8. 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