VARUN KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA529/1160/2025 · 2025-05-07
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47180 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47180 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:74654 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1160 of 2025 Applicant :- Varun Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mary Puncha (Sheeb Jose),Mohd. Kalim 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 Criminal Misc. Transfer Application No. 28 of 2025 in S.T. No. 2672 of 2023, arising out of case crime no. 303 of 2022 under Sections 147, 148, 149, 302, 307, 452, 504, 506 IPC and 7 Criminal Law Amendment Act, Police Station Sarsawa, District Saharanpur pending in the Court of District and Sessions Judge, Saharanpur, expeditiously within a 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 the aforesaid transfer application is pending before the Sessions Judge, Saharanpur but the Court concerned is not taking any interest for disposal of the same.
4. I have considered the submissions and perused the entire record.
5. It reflects from the perusal of the order sheets that the applicants were directed to take steps for the opposite party no.2 and since no steps were taken so far, the transfer application is pending for disposal. Since the steps are not being taken by the applicants themselves to inform the opposite party no.2, they are not entitled for grant of relief by this Court to issue a direction for the expeditious disposal of the said application where they themselves are defaulter for the delay in the proceedings pending before the trial court. The prayer made in the application is refused. The application is dismissed. Order Date :- 8.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad