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2025 DAILYLAW 49604 (ALL)

SANDEEPA v. STATE OF U.P. AND 4 OTHERS

NA529/1091/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83857 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1091 of 2025 Applicant :- Sandeepa Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Lakshman Prasad Ojha,Praveen Kumar 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 Complaint Case No.562 of 2022 arising out of case crime no. 285 of 2017, under Sections 323, 504, 506, 498A IPC, and 3/4 D.P. Act, Police Station- Soraon, District Allahabad pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad 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 aforesaid case and in the said case summoning order has been passed against opposite party nos. 2 to 5, the accused persons, but however, the process has not been served upon them so far. It is further submitted that after so many process sent by the Court they are not appearing before the Court. It is also submitted that case is pending still at the stage of appearance. The trial court is not taking any interest for disposal of the case. 4. I have considered the submissions and perused the entire record. 5. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2022. 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. 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 5 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, keeping in view the heavy work load in the said Court. 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 :- 19.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad