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2025 DAILYLAW 55061 (ALL)

ASHU JAIN v. STATE OF U.P. AND ANOTHER

NA529/1270/2025 · 2025-05-19

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84503 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1270 of 2025 Applicant :- Ashu Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shruti Malviya 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 S.T. No. 720 of 2016, arising out of case crime no. 503 of 2014, under Sections 498-A, 313, 323, 377, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Kotwali Shamli, District Shamli pending in the Court of Additional Sessions Judge /FTC-II, Muzaffarnagar, 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 accused in the said session trial and the case pertains to the year 2016 but still the evidence of PW-1 and partial evidence of PW-2 has been recorded and the other witnesses are not appearing before the Court concerned after many steps taken by the Court and the matter is unnecessarily pending causing harassment to the applicant. The witnesses are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. Matter is pending since 2016 but still the prosecution has not produced its entire evidence. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the said case pertains to the year 2016 and is at the stage of recording the evidence of witnesses. The case is in the category of 'critically old cases'. In the circumstances, the trial court is directed to make all possible efforts to conclude the prosecution evidence within six months from the date of production of certified copy of this order before it and thereafter make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary adjournments to either of the parties, if there is no other 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 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. 8. With the above observations, the application stands disposed of. Order Date :- 20.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad