Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 54050 (ALL)

SMT KUSUM RANI v. STATE OF U.P. AND 2 OTHERS

NA529/1246/2025 · 2025-05-13

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:79267 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1246 of 2025 Applicant :- Smt Kusum Rani Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vindesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide the proceedings of Special Session Trial No. 2014 of 2023 (State Vs. Shahzad and another), arising out Case Crime No. 86 of 2023, under Sections 420, 406, 504 I.P.C. and Section 3(2)(va) SC/ST Act, Police Station Noorpur, District Bijnor, pending before the learned Special Jude SC/ST Act, Bijnor, 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 before this Court is informant of this case and his examination-in-chief has been recorded but however, the opposite party no. 2 is not cooperating with the trial and cross-examination of the applicant is still pending. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. From perusal of the record, it appears that examination-in-chief of the applicant was completed and the case is pending at the stage of cross-examination of the applicant but the accused persons are adopting delaying tactics for cross-examination of PW-1 applicant. 6. In the facts and circumstances of the case, the learned trial court is directed to take effective steps to conclude the cross- examination of PW-1 applicant within a period of one month from today and to make all the endeavours for expeditious disposal of Special Session Trial No. 2014 of 2023 (State Vs. Shahzad and another), arising out Case Crime No. 86 of 2023, under Sections 420, 406, 504 I.P.C. and Section 3(2)(va) SC/ST Act, Police Station Noorpur, District Bijnor, pending before the learned Special Jude SC/ST Act, Bijnor, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. 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 execution authorities, advocates, parties to the case, staff 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 :- 14.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad