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2025 DAILYLAW 45603 (ALL)

MUKESH KUMAR v. STATE OF U.P. AND ANOTHER

NA529/991/2025 · 2025-05-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73581 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 991 of 2025 Applicant :- Mukesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nikhil Saxena,Rajeev Upadhyay 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 Case No. 13588 of 2020, arising out of case crime no. 0822 of 2019, under Sections 498-A, 323, 504, 506, 352 IPC and 3/4 Dowry Prohibition Act, Police Station Barra, District Kanpur Nagar pending in the Court of Chief Metropolitan Magistrate, Kanpur 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 applicant is the husband of the opposite party no.2/wife and he is one of the accused in the said case and same is pending since 2020. The Court concerned is not taking proper interest in disposal of the said case. The case is at the stage of recording evidence but as of now no witness has been examined. 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 case is pending at the stage of evidence but no evidence is being adduced by the prosecution. In the circumstances, the Court concerned is directed to invoke the powers given to it under the law to ensure the presence of the witnesses by sending appropriate process as early as possible and thereafter make all endeavours for expeditious disposal of the case, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 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 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad