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Neutral Citation No. - 2025:AHC:78503 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1003 of 2025 Applicant :- Vijay Kumar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Tiwari 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.1004 of 2008 (State of U.P. Vs. Vijay Kumar Tiwari) arising out of case crime no.135 of 2008 under Section 380 IPC (Section 305 B.N.S.), Police Station Bhognipur, District Kanpur Dehat, pending in the Court of Judicial Magistrate (J.D.) / Judicial Magistrate, Bhognipur, Kanpur Dehat, expeditiously within a 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 before this Court is one of the accused of this case.The case pertains to the year 2008 and is still pending at the stage of recording the evidence but no prosecution witness has been examined so far.
4. I have considered the submissions and perused the record.
5. Since the matter is very old and false within the category of critically old cases, the trial court is strictly directed to complete the whole process of recording the evidence within a period of one year from today and thereafter it shall make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary adjournments to either of the parties, keeping in view the work load in the said Court, if there is no other legal impediment.
6. 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.
7. With the above observations, the application stands disposed of. Order Date :- 7.5.2025 / ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad