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2025 DAILYLAW 49751 (ALL)

KAMLESH v. STATE OF U.P. AND ANOTHER

NA529/1329/2025 · 2025-05-11

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77003 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1329 of 2025 Applicant :- Kamlesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bairister Singh,Suresh Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Sessions Trial No. 907 of 2013, arising out of Criminal Case No. 1729 of 2011 (State Vs. Kamlesh), arising out of Case Crime No. 407 of 2010, under Section 304 I.P.C., Police Station Handia, District Allahabad, pending in the court of Additional Sessions Judge-13th, Prayagraj, 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 before this Court is accused. It is further submitted that although the case is very old and is pending since the year 2011 but it is running at the stage of recording of evidence. 4. Learned A.G.A. opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is expected to ensure the presence of all the prosecution witnesses before the court and decide Sessions Trial No. 907 of 2013, arising out of Criminal Case No. 1729 of 2011 (State Vs. Kamlesh), arising out of Case Crime No. 407 of 2010, under Section 304 I.P.C., Police Station Handia, District Allahabad, pending in the court of Additional Sessions Judge-13th, Prayagraj as expeditiously as possible, preferably within a period of one year from the date of production of certified copy of this order before it, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. 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 execution authorities, advocates, 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. 8. With the above observations, the application stands disposed of. Order Date :- 12.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad