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2025 DAILYLAW 52980 (ALL)

RADHE SHYAM YADAV v. STATE OF U.P. AND 4 OTHERS

NA529/1229/2025 · 2025-05-25

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88956 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1229 of 2025 Applicant :- Radhe Shyam Yadav Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Shesh Nath Singh 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 Criminal Case No. 2018 of 2015 arising out of case crime no. 955 of 2023, under Sections 323, 325,, 504, 506 IPC, Police Station Nandganj, District Ghazipur pending in the Court of Judicial Magistrate-III, Ghazipur, 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 the aforesaid case and in the said case charge sheet has been filed and the Court concerned took cognizance thereon. It is further submitted that the case is pending since 2004 and the accused persons did not appear before the court and two witnesses have been examined as of now but the prosecution is not taking any interest to produce the other witness before the court and the matter is lingering on the the Court concerned is not taking proper interest to ensure the appearance of the witness before it. 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. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2004. The witnesses have not appeared before the Court so far except two witnesses. The trial court is expected to invoke its power to ensure service of process upon the witnesses, which is sent under its seal and order in order to procure the presence of the witnesses. 6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the witnesses by sending appropriate process to them within one and a half year 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 :- 26.5.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad