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2025 DAILYLAW 51452 (ALL)

RAMITA PRASAD v. STATE OF U.P. AND 5 OTHERS

NA529/1234/2025 · 2025-06-30

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101337 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1234 of 2025 Applicant :- Ramita Prasad Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Renu Sharma 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. 1505 of 2013 arising out of case crime no. 243A of 2013 under Sections 147, 452, 323, 504, 506 I.P.C. and 3 (1)(x) SC/ST Act, Police Station- Kotwali Hata, District- Kushinagar pending in the Court of learned Additional Chief Judicial Magistrate, Kasya, Kushi Nagar expeditiously within 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 said case and the same is pending since 2013 but the matter has not been committed to the Special Court SC/ST Act by the Magistrate and the Court concerned is not taking proper interest in committal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It appears from the record that the said case falls within the category of critically old cases. 7. In the circumstances, the Court concerned is directed to invoke the powers given to it under the CrPC to ensure the presence of all the accused persons before it by sending appropriate process within two months from today and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 8. 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 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. 9. With the above observations, the application stands disposed of. Order Date :- 1.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad