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2025 DAILYLAW 50838 (ALL)

SATISH KUMAR v. STATE OF U.P. AND 5 OTHERS

NA529/1187/2025 · 2025-05-22

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87898 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1187 of 2025 Applicant :- Satish Kumar Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Saksham Srivastava 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 Sessions Trial No. 753 of 2018 and Sessions Trial No. 449 of 2021 arising out of case crime no. 1188 of 2018, under Section 302 IPC, Police Station Phase-III, District Gautam Buddh Nagar pending in the Court of learned Additional District and Sessions Judge (F.T.C.- 1st), Gautam Buddh Nagar 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 both the sessions trial. It is further submitted that charge sheet was submitted in both the cases and the cases are fixed for evidence but the order sheets which are appended with the affidavit reveals that the accused persons are not appearing before the Court regularly and many times one or the other accused disappears causing delay in the expeditious disposal of this matter. 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. 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 6 on a single date by sending appropriate process to them within two 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 :- 23.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad