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Neutral Citation No. - 2025:AHC:86864 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1302 of 2025 Applicant :- Afrin Begum Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Satish Kumar,Subhash Chandra Mishra 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.266 of 2021 (State Vs. Nizamuddin and others) arising out of Case Crime No.0114 of 2020 under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Prayagraj, pending in the Court of Addl. Civil Judge (J.D.), Court No.21, Prayagraj expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It has been submitted by the learned counsel for the applicant that the applicant before this Court is the informant of this case. The case is pending since 2021. Due to non-appearance of the accused persons together, even the charges have not been framed so far in this matter and only dates are being fixed without any effective proceeding. 4. I have considered the submissions and perused the entire record. 5. A perusal of the order-sheet reveals that the learned trial court is not taking proper interest to procure the appearance of all the accused persons together before it and to proceed to pass an order on the point of framing of the charge. Orders-sheet further reflects that one of the accused persons Nizamuddin has expired and his death report has not been obtained by the trial court for long. 6.
In these circumstances, the trial court is directed to obtain the death report of co-accused Nizamuddin within a period of one month from the date of production of certified copy of this order before it and thereafter proceed to procure the presence of rest of the accused persons together before the court and as soon as possible thereafter to pass an order on the point of framing of the
charge and if the charges are framed, the trial court 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. 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 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. 8. With the above observations, the application stands disposed of. Order Date :- 15.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad