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2025 DAILYLAW 46678 (ALL)

DEEPAK v. STATE OF U.P. AND 5 OTHERS

NA529/1010/2025 · 2025-05-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73791 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1010 of 2025 Applicant :- Deepak Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Session Trial No. 3451 of 2024 (State of U.P. Vs. Kari @ Dhananjay and others), arising out of Case Crime No. 408 of 2023, under Sections 147, 308, 149, 323, 149, 324, 149, 504, 506 I.P.C., Police Station Khair, District Aligarh, pending before the learned Sessions Judge, Aligarh, 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 the informant of this case. It is further submitted that charges were framed against the accused persons on 06.11.2024 and only one prosecution witness has been examined so far. Although the injured persons of this case have appeared before the court but they are not coming before the trial court for recording their evidence. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is directed to make all the endeavours for expeditious disposal of Session Trial No. 3451 of 2024 (State of U.P. Vs. Kari @ Dhananjay and others), arising out of Case Crime No. 408 of 2023, under Sections 147, 308, 149, 323, 149, 324, 149, 504, 506 I.P.C., Police Station Khair, District Aligarh, pending before the learned Sessions Judge, Aligarh by issuing proper process to the witnesses of this case, 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