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2025 DAILYLAW 45626 (ALL)

AJIT NISHAD v. STATE OF U.P. AND 2 OTHERS

NA529/997/2025 · 2025-05-06

Nalin Kumar Srivastava

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:73696 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 997 of 2025 Applicant :- Ajit Nishad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajeev Chaddha 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 Criminal Appeal Nos. 165 of 2014 and 11 of 2025, arising out of the order dated 17.10.2024 and 8.1.2025 passed by the Additional Civil Judge (SD) Court No.4, Gorakhpur in Criminal Misc. Case No. 1082 of 2024 arising out of case no. 2545 of 2015 under Section 25 Protection of Women from Domestic Violence Act, expeditiously within stipulated period. Further prayer has been made to stay the recovery proceeding initiated against the applicant in the aforesaid case. 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 opposite party no.2. It is also submitted that earlier an ex-parte order was pronounced by the Court concerned whereby the applicant had been given certain directions by the trial court and when an application to recall the said ex- parte order was moved by the present applicant, the same was allowed on cost of Rs.50,000/-, which was to be paid within one month by him. The said portion of the order dated 17.10.2024 was challenged in Criminal Appeal No. 165 of 2024 before the District and Sessions Judge, Gorakhpur but however, no stay order was passed in favour of the applicant and the said Criminal Appeal No. 165 of 2024 is still pending before the Appellate Court. It is also submitted that in the instant application prayer has been made for expeditious disposal of the said Criminal Appeals and also to pass an order staying the operative portion of the said order dated 17.10.2024, which is under challenge before the Appellate Court. The Court concerned is not taking proper interest in disposal of the said appeals. 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 two Criminal Appeal Nos. 165 of 2024 and 11 of 2025 are pending before the District and Sessions Judge, Gorakhpur. Hence, the Court concerned is directed to make all endeavours for expeditious disposal of the said appeals, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted and short dates will be fixed in the matter, but however the prayer for stay the execution of the order dated 17.10.2024 is refused. 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