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2025 DAILYLAW 48736 (ALL)

SHAILENDRA KUMAR UPADHYAY v. STATE OF U.P. AND 2 OTHERS

NA529/1111/2025 · 2025-05-13

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79205 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1111 of 2025 Applicant :- Shailendra Kumar Upadhyay Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shailendra Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. For the State. 2. The present application U/s 529 BNSS has been filed by the applicant seeking direction to the Court of Special Chief Judicial Magistrate, Prayagraj to conclude the Criminal Case No. 805 of 2021 in Case Crime No. 1078 of 2016 under Sections 504 and 506 I.P.C., Police Station- Colonelganj, District- Prayagraj expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that the applicant before this Court is the informant in the said case, which is pending since 2021 and till date accused persons are not appearing.The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2021. The accused persons have not appeared before the Court so far. 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. 7. 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 two 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, keeping in view the heavy work load in the said Court. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 14.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad