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Neutral Citation No. - 2025:AHC:73781 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1008 of 2025 Applicant :- Anil Kumar Bali Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Nandan Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned trial court to decide Case No. 461 of 2015 (State of U.P. Vs. Anil Kumar Bali), arising out of case Crime No. 523 of 2013, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station GRP, District Kanpur Nagar, pending in the court of learned Additional Civil Judge (Senior Division) 5th, Kanpur Nagar, 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 accused. It is further submitted that the applicant has has appeared in the court but remaining accused persons are not appearing before the court. It is also submitted that the present case pertains to the year 2016 but the trial court is not taking proper interest to procure the presence of remaining accused persons who are not appearing before the court. 4. Learned A.G.A. opposed the prayer. 5. I have considered the submissions and perused the record. It reveals from the perusal of the order sheets that the present case is pending at the stage of appearance of remaining accused persons. It is reminded that the criminal courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same in the law itself. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. In the facts and circumstances of the case, the learned trial court
is directed to take effective steps for procuring the presence of remaining accused persons within a period of three months from today and to make all the endeavours for expeditious disposal of Complaint Case No. 461 of 2015 (State of U.P. Vs.
Anil Kumar Bali), arising out of case Crime No. 523 of 2013, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station GRP, District Kanpur Nagar, pending in the court of learned Additional Civil Judge (Senior Division) 5th, Kanpur Nagar, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. 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 execution authorities, advocates, parties to the case, staff 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 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad