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Neutral Citation No. - 2025:AHC:83250 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 957 of 2025 Applicant :- Sitaram Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Bindeshwari Prasad Mishra 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 trial court to conclude the trial of the applicants of the Case No.786/IX/2006 (State versus Fatte and others), arising out of case crime no.78 of 2006, under Sections 420, 467, 468, 471 I.P.C., P.S. Sadar Bazar, District Mathura, pending before the Additional Chief Judicial Magistrate- IV, Mathura, within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A.
3. It is submitted that the applicant before the Court is informant. It is further submitted that the matter is very old, but it is still pending at the stage of appearance of accused persons, who are not appearing before the court regularly and together and that is why even the charges have not been framed so far. It is further submitted that the matter was stayed by the Hon'ble High Court on
23.05.2006. It is further submitted that the stay was effective in respect of accused Fatte only and since the said Fatte died, the trial court proceeded in light of directions issued by the Hon'ble Apex Court in Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. Central Bureau of Investigation, (2018) 16 SCC 299, but the matter is still pending. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the said case pertains to the year 2006. The case falls in the category of 'critically old cases'. The trial court is expected to invoke its power to ensure service of process upon the opposite party nos.2 to 6, which is sent under its seal and order in order to procure their
presence. 7.
In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party nos.2 to 6 by sending appropriate process to them positively 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. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 19.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad