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2025 DAILYLAW 45630 (ALL)

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

NA529/1088/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83828 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1088 of 2025 Applicant :- Akash Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemant Kumar,Piyush Pandey 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. 1093 of 2023 arising out of case crime no.176 of 2021, under Section 147, 148, 149, 307, 188, 329, 269, 270, 271 IPC, and Section 3 Epidemic Act, 7 Criminal Law Amendment Act, Police Station- Parikshitgarh, District- Meerut pending in the Court of Additional Sessions Judge, Court No.20, Meerut 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 accused in the said case. It is further submitted that the applicant/ accused in that case has cleared his written examination of U.P. Police Constable, Civil Police Direct Recruitment, 2023 but since this criminal case is pending against him he has not got the clearance and still sitting unemployed. It is further submitted that the applicant is regularly appearing before the Court along with other accused persons but since the witnesses are not turning up the matter is pending unnecessarily. The Court concerned is not taking proper interest in disposal of the said session trial. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the circumstances, the Court concerned is directed to invoke the powers given to it under the CrPC to ensure the presence of the witnesses by sending appropriate process and thereafter all endeavours shall be made by it for expeditious disposal of the case preferably withing a period of one year, keeping in view the heavy work load in the said Court. 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 :- 19.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad