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2025 DAILYLAW 49739 (ALL)

BHAIRO NATH PANDEY v. STATE OF U.P. AND 3 OTHERS

NA529/1104/2025 · 2025-05-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77236 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1104 of 2025 Applicant :- Bhairo Nath Pandey Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Birendra Kumar Yadav,Lal Behari Yadav 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 Criminal Case No.13506 of 2023 (State Vs. Jai Prakash) arising out of case crime no.225 of 2022, under Sections 323, 504, 506, 452 IPC, Police Station Nonhra, District Ghazipur pending in the court of Addl. Chief Judicial Magistrate, Ghazipur, 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 applicant before this Court is the informant of this case, which pertains to year 2023. It is also submitted that the accused persons / opposite parties no.2, 3 & 4 are not appearing before the court. Earlier, they appeared before the court after making many efforts by the trial court but after getting bail from the court they are again not cooperating with the court and on account of their absence, even charges have not been framed so far in this matter and the trial is kept pending without any proceedings in this case. 4. In these circumstances, the Court concerned is expected not to allow the exemption application moved by the accused persons / opposite parties no.2, 3 & 4 and pass some effective orders for the presence of accused persons / opposite parties no.2, 3 & 4 before the court together and to pass an order on framing of charges on the same day and if the charges are framed, all endeavours shall be made by it for the expeditious disposal of the case, described above, if there is no legal impediment. 5. 5. 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 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. 6. With the above observations, the application stands disposed of. Order Date :- 7.5.2025 / ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad