Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75701 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1185 of 2025 Applicant :- Shri Mohammad Iqbal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dileep Kumar Shukla 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. 5222 of 2007, arising out of case crime no. 284 of 2007, under Sections 324, 504, 506 IPC, Police Station Kotwali, District Etawah pending in the Court of Chief Judicial Magistrate, Etawah 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 same is pending since 2007. It is also submitted that the opposite party nos.2 to 4 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. Charges in the matter have been framed in the year 2013. The Court concerned is not taking proper interest in disposal of the said case.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. It reveals from the perusal of the order sheets that the case is at the stage of appearance of the opposite party nos. 2 to 4. Matter relates to the year 2007 and it falls into the category of 'critically old cases'. In the circumstances, the Court concerned is strictly
directed to invoke the powers given to it under law to ensure the presence of the opposite party nos. 2 to 4 by sending appropriate processes within three 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, preferably within one year, if there is no legal impediment. It is further
directed that no unnecessary adjournment will be sought/granted.
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 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.
8. With the above observations, the application stands disposed of.
Order Date :- 9.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad