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Neutral Citation No. - 2025:AHC:76105 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1280 of 2025 Applicant :- Abhishek Varshney Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Nitin Chandra Mishra,Raminder Singh Jaggi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard Sri Sudekchhit Pandey, holding brief of Sri Nitin Chandra Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused material on record. 2. This application under Section 529 B.N.S.S. has been filed to direct the court concerned to decide the Criminal Case No.261 of 2019 (State Vs. Wasim Khan and others) arising out of case crime no.0025 of 2017 under sections 420, 467, 468, 471 IPC, Police Station Kotwali Nagar, District Aligarh pending in the Court of Addl. Chief Judicial Magistrate, Court No.1, Aligarh, within a stipulated period. 3. Applicant before this Court is the informant of this case. It is submitted that although the matter pertains to year 2019 and the cognizance was taken but however no charges have been framed and the trial is pending unnecessarily. It is also submitted that two of the accused persons namely, Budh Priya Maurya @ Virendra Kumar and Mohd. Wasim Khan were granted relief by the coordinate Benches of this Court by keeping the non-bailable warrants issued against them in abeyance in Misc. Petition under Article 227 No. 12114 of 2023 vide order dated 24.7.2024 and Application u/s 482 Cr.P.C. No.12010 of 2021 vide order dated 18.9.2024 respectively. However, it was clearly mentioned in both the orders that the proceeding of the trial is not stayed and the trial shall proceeding in accordance with law and the applicant has to cooperate in the trial proceedings. However, it appears from the perusal of the order-sheets of the trial court that the proceeding of the trial was ordered to be stayed against accused Budh Priya Maurya @ Virendra Kumar and Mohd. Wasim Khan vide order dated 10.1.2025 of the trial court, which is apparently a wrong interpretation of both the aforesaid orders of this Court. 4.
The learned trial court is directed to peruse the aforesaid orders
passed by the coordinate Benches of this Court in right perspective and make all possible efforts as per law to procure the presence of all the accused persons before it and thereafter make all endeavours to decide the aforesaid case, which is pending for about 6 years, in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. 5. 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. 6. With the above observations, the application stands disposed of Order Date :- 8.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad