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2025 DAILYLAW 52604 (ALL)

SANDEEP v. STATE OF U.P. AND ANOTHER

NA529/2390/2025 · 2025-07-31

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129289 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2390 of 2025 Applicant :- Sandeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Yadav,Rajesh Yadav 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. 1028 of 2014, arising out of case crime No. 405 of 2014, under Sections 323, 504 IPC, Police Station Ranipur, District Mau, pending in the Court of J.M., Mau, 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 accused in the said case and same is pending since 2014. The Court concerned is not taking proper interest in disposal of the said case. The case is at the stage of recording evidence and some witnesses have been examined. It is also submitted that during proceeding of that case the original record was missing and by the order of the District Judge, Mau now it has been reconstructed. It is also submitted that the case is unnecessarily pending for the reason that the prosecution is not adducing evidence. 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 pending at the stage of evidence. It also reveals that the Court concerned is not taking proper interest to procure the presence of the witnesses despite the fact that the matter is of more than 11 years old and it falls in the category of 'critically old cases'. In the circumstances, the Court concerned is directed to invoke the powers given to it under the law to ensure the presence of the witnesses by sending appropriate process to them and thereafter make all possible efforts to dispose of the case under reference as expeditiously as possible, preferably within nine months from the date of production of certified copy of this order before it, without granting unnecessary adjournments to either of the parties, if there is no other legal impediment. 7. 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 :- 1.8.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad