Neutral Citation No. - 2025:AHC:81190 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1295 of 2025 Applicant :- Ram Sharan Giri And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhavesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed with a prayer to issue direction to the Court of Chief Judicial Magistrate, Mathura to decide the Separation Application dated 31.3.2022 filed by the applicants as well as expedite the trial of Case No.7217/IX/09 (State Vs. Vishnu Giri and others) arising out of case crime no. 827 of 2009 under sections 147, 504, 506, 427 IPC, Police Station Vrindavan, District Mathura pending before it, expeditiously within a stipulated period. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicants that the applicants before this Court are the accused persons. It is submitted that the case is very old and pertains to the year 2009 and due to non-appearance and abscondance of one accused out of total five, the matter is pending without any effective proceedings. 4. It reveals from the perusal of the record that co-accused Raj Kumar is absconding and several punitive process have been issued by the trial court against him but however it is very surprising that without framing the charge and procuring the presence of accused persons before it, the learned trial court vide order dated 3.6.2024 fixed this case for evidence and thereafter all the order-sheets have been drawn for the purpose of prosecution evidence, which shows that the learned trial court is taking a very lethargic view in this critically old case. 5. The present case is pending for appearance of one of the accused but he is not appearing despite several process sent to him. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the accused under its name. 6. Accordingly, the learned trial court is directed to ensure the presence of accused Raj Kumar before it positively within a period of two weeks from the date of production of certified copy of this order before it and if the learned trial court fails to ensure his presence before the court, the application dated 31.3.2022, moved by the applicants for separation of their case, may be considered by the learned trial court and if the said application is allowed, the trial should be started and all possible efforts and endeavours shall be made by the trial court for expeditious disposal of the aforesaid case, preferably within a period of two years, if there is no legal impediment. 7. With the above observations, the application stands disposed of. Order Date :- 15.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad