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2025 DAILYLAW 44233 (ALL)

MUSHARRAF AHMAD v. STATE OF U.P.

NA529/982/2025 · 2025-05-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73449 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 982 of 2025 Applicant :- Musharraf Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Atul Srivastava,Mohd. Farooq 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. 483 of 2024 in case crime no. 390 of 2023 under Section 304 I.P.C., Police Station- Nawabganj, District-Allahabad pending in the Court of learned Additional Sessions Judge- 3, Allahabad 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 said criminal case is pending since 2023. It is also submitted that the applicant is the informant of the said case and he is sufferer and the case is pending at the stage of 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 appears from perusal of the record that the matter is fixed for evidence but the applicant was absent on the date of recording the evidence. Hence, it is ordered that if the complainant/ applicant appears before the Court on the next date of fixed and request for recording his evidence through prosecution the trial Court shall proceed to record the same and then thereafter proper efforts be made by the trial Court for the expeditious disposal of the case provided the applicant/ informant cooperates with the trial. 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 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. 8. With the above observations, the application stands disposed of. Order Date :- 7.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad