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Neutral Citation No. - 2025:AHC:88968 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1230 of 2025 Applicant :- Sheo Shankar Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Murari Upadhyay 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. 2044 of 2018, arising out of case crime no. 803 of 2017, under Sections 147, 323, 504, 506, 427 and 452 IPC, Police Station Shivpur, District Varanasi pending in the Court of Chief Judicial Magistrate,7th, Varanasi, 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 matter pertains to the year 2017. It is further submitted that the applicant is the informant in the aforesaid case and in the said case charge sheet has been submitted in the year 2018. The case is pending at the stage of framing of charge and the accused persons are applying delaying tactics and till date charges have not been framed in the matter.
4. I have considered the submissions and perused the entire record.
5. It reveals from the perusal of the order sheets that the matter is pending since 2017 and even charges have not been framed so far. The accused persons are applying delaying tactics in the matter. The trial court is expected to take strict action against the accused persons, who are trying to delay the trial of this case and even charges have not been framed on account of their delaying tactics.
6. In the circumstances, the Court concerned is directed to pass an
order on the point of framing of charge in this case as per law within two month from the date of production of certified copy of this order before it. It is also directed that on the date fixed by the trial court all the accused persons shall appear before the Court and
no adjournment or exemption for appearance will be granted to any of the accused persons on any ground whatsoever and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment.
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