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2025 DAILYLAW 48687 (ALL)

USHA DEVI v. STATE OF U.P. AND 2 OTHERS

NA529/1072/2025 · 2025-05-04

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71355 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1072 of 2025 Applicant :- Usha Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bhanu Pratap Pal 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.169 of 2023 arising out of case crime no. 216 of 2023 under Sections 323, 325, 504 IPC, Police Station Sujanganj, District- Jaunpur pending in the Court of learned Additional Civil Judge (S.D.) Second/ Additional Chief Judicial Magistrate, Jaunpur 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 is the informant in the said case, which pertains to the year 2023. It is further submitted that the Court concerned is not taking proper interest to ensure the appearance of the accused persons before it and the case is pending still at the stage of appearance of accused opposite party nos. 2 and 3. 4. I have considered the submissions and perused the entire record. 5. 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 circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 3 by sending appropriate process to them within three months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 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 :- 5.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad