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2025 DAILYLAW 54687 (ALL)

SMT. SUKH DEVI v. STATE OF U.P. AND 3 OTHERS

NA529/1374/2025 · 2025-05-26

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90433 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1374 of 2025 Applicant :- Smt. Sukh Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satish Chandra Pandey 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. 2039 of 2013 arising out of case crime no. 368 of 2008, under Sections 323, 427, 504, 506 IPC, pending in the Court of Judicial Magistrate, Faridpur, District- Bareilly 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. It is further submitted that the evidence of P.W.2 is not complete and the matter is pending for cross-examination of P.W.2. 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 appears from perusal of the record that one of the accused Khayali Ram/ opposite party no.3 has died and the case has been abated against him. 5. In the circumstances, the Court concerned is directed to ensure the cross- examination of P.W.2 by the accused persons as expeditiously as possible invoking all its power during the trial provided by law. After recording the cross-examination of P.W.2, 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 :- 27.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad