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Neutral Citation No. - 2025:AHC:74789 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1150 of 2025 Applicant :- Upendra Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Singh 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 Complaint Case No.1620 of 2011 arising out of crime no. 97-A-C/2006, under Section 395 I.P.C., Police Station Sahatwar, District Ballia pending in the Court of Chief Judicial Magistrate, Ballia 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 earlier in this case on an application under Section 156 (3) Cr.P.C. moved by the present applicant an FIR was lodged but however, after investigation final report was submitted in the case, then protest petition was filed by the informant and the learned trial Court after rejecting the final report treated the protest petition as a complaint. It is further submitted that statement under Section 200 and 202 Cr.P.C. has already been recorded and the matter is pending for long at the stage of passing the summoning order.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. The case pertains to the year 2011. It is very surprising that only dates are being fixed by the trial Court and no order on the point of summoning of the accused has been passed.
7. In view of the above, the Court concerned keeping in view the fact that the matter relates to the year 2011 directed to pass suitable
order on the point of summoning in the matter in accordance with law within one month from the date of production of certified copy
of the order and if the accused is summoned then the Court shall make all endeavours to dispose of the case preferably within one year, keeping in view the heavy work load in the said Court, if there is no legal impediment.
8. With the above observations, the application stands disposed of.
Order Date :- 8.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad