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Neutral Citation No. - 2025:AHC:74738 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1164 of 2025 Applicant :- Swayamber Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Yogendra 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 Case No. 1354 of 2011, arising out of Case Crime No. 649 of 2007 under Sections 408, 409, 419, 420, 467, 468, 471 IPC, Police Station Kabrai, District Mahoba pending in the Court of Chief Judicial Magistrate, Mahoba, 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 complainant of the aforesaid case. The case is pending at the stage of framing of charge and the accused persons are applying delaying tactics. It is also submitted that the accused persons / opposite party nos. 2 and 3 had appeared before the trial court and charges were framed but the same were challenged before the Sessions Court and the record was remanded back by the Sessions Court but still the case is pending at the stage of framing of charge. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the order sheets that the matter is pending since 2011 and even charges have not been framed so far. The accused persons are applying delaying tactics in the matter. The trial court is expected to take strict action against the accused persons, who are trying to delay the trial of this case and even charges have not been framed on account of their delaying tactics. 6. Since the matter pertains to the year 2011 and falls into the category of 'critically old cases', the Court concerned is directed to pass an order on the point of framing of charge as per law as early
as possible.
It is also directed that on the date fixed by the trial court all the accused persons shall appear before the Court and no adjournment or exemption for appearance will be granted to any of the accused persons on any ground whatsoever and thereafter all endeavours shall be made by it for expeditious disposal of the case, preferably within a period of one year from the date of framing of charge in the matter, if there is no legal impediment. 7. With the above observations, the application stands disposed of. Order Date :- 8.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad