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Neutral Citation No. - 2025:AHC:84693 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1020 of 2025 Applicant :- Haider Opposite Party :- State of U.P. and Another Counsel for Applicant :- Moeez Uddin 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 Sessions Trial No. 1340 of 2017 connected with Sessions Trial No. 151 of 2017 in case crime no. 165 of 2016 under Sections 302 I.P.C., Police Station- Garhi Pukhta, District- Shamli pending in the Court of learned Additional District & Sessions Judge, Special Judge (POCSO Act), Muzaffar Nagar 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 the accused/applicant is an under trial and the case is pending sine the year 2017 and now the only evidence of the I.O. has to be recorded but the said I.O. is not appearing before the Court. 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 appears from perusal of the record that co-accused Gufran whose case has been connected with the present case is absconding and the trial Court has issued punitive process against him. 6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the co- accused Gufran by sending appropriate process to him within two months from the date of production of certified copy of this order before it, and then thereafter rest of the witnesses be summoned and evidence be concluded preferably within the next three months, without granting unnecessary adjournments and also considering the fact that the present applicant is an under trial, keeping in view
the heavy work load in the said Court. 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 :- 20.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad