BRIJENDRA SINGH RATHORE AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA529/1199/2025 · 2025-05-29
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47102 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47102 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:93687 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1199 of 2025 Applicant :- Brijendra Singh Rathore And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Sachan,Saurabh Sachan 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 application dated 29.6.2021 under Section 321 of Cr.P.C. in Case No. 649 of 2012 arising out of case crime no. 607 of 2012 under Section 147, 148, 149, 435, 336, 353, 332, 307 I.P.C., read with Section 7 Criminal Law Amendment Act, Police Station- Nawabganj, District- Bareilly pending in the Court of learned Judicial Magistrate, Nawabganj within stipulated period.
2. Heard learned counsel for the applicants as well as learned A.G.A. for the State.
3. It is submitted by the learned counsel for the applicants that a simple prayer has been made by the present applicants/ accused persons that on 29.6.2021 an application to withdraw the prosecution was moved by the A.P.O. of the Court concerned but the said application is still pending for disposal. The applicant no.1 also moved an application before the trial Court dated 6.12.2024 to dispose of the said application of the prosecution but still no order has been passed by the trial Court on the application of the withdrawal the prosecution and dates were fixed for framing the charge.
4. I have considered the submissions and perused the record.
5. In the circumstances, the Court concerned is directed to decide the aforesaid application dated 29.6.2021 moved by the prosecution to withdraw the prosecution in accordance with law preferably within three months from today, if there is no legal impediment provided the applicants to cooperate with the trial. It is further directed that no unnecessary adjournment will be sought/granted.
6. However, no coercive action shall be taken against the applicant till the aforesaid application is decided finally.
7. With the above observations, the application stands disposed of. Order Date :- 30.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad