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2025 DAILYLAW 49139 (ALL)

SURENDRA YADAV v. STATE OF U.P. AND 3 OTHERS

NA529/1179/2025 · 2025-05-08

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75554 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1179 of 2025 Applicant :- Surendra Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Yadav,Atul Kumar Srivastava 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 under Section 529 BNSS has been filed with a prayer to direct the learned Civil Judge (SD)/FTC, Court No.5, Gautam Budh Nagar, to decide the Complaint Case No. 119 of 2018, under Sections 323, 504, 506 IPC, Police Station Bisrakh, District Gautam Budh Nagar expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that the applicant is the complainant in this case. The aforesaid case was filed in the year 2018 but the matter is still pending at the stage of appearance of said opposite parties. The opposite party nos.2 to 4 never appeared before the Court concerned. They are adopting delaying tactics in disposal of the case. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of opposite party nos.2 to 4. They are not cooperating with the progress of the case. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under law itself. The trial court is expected to invoke its power to ensure service of process upon the opposite party nos.2 to 4, which is sent under its seal and order in order to procure his presence. 6. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party nos.2 to 4 by sending appropriate process to them within four 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 work load of the said Court, if there is no legal impediment. 7. 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 :- 9.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad