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2025 DAILYLAW 55593 (ALL)

ASHOK KUMAR JAISWAL v. STATE OF U.P. AND ANOTHER

NA529/1500/2025 · 2025-07-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107742 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1500 of 2025 Applicant :- Ashok Kumar Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Kumar 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 expedite the Complaint Case No.2852 of 2021 (Old Complaint Case No. 752 of 2021 ) under Sections 406, 504, 506 I.P.C., Police Station- Kotwali, District- Jaunpur pending in the Court of learned Chief Judicial Magistrate, Jaunpur expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. Supplementary affidavit filed today is taken on record. 3. It is submitted by the learned counsel for the applicant that the applicant is the complainant in the said case. It is also submitted that the aforesaid case is pending at the stage of recording the evidence under Section 244 Cr.P.C. 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 appears from perusal of the record that the matter is pending since 2021 and the accused-persons have already been appeared, but the complaint case is still pending at the stage of recording of evidence under section 244 Cr.P.C. 7. In the circumstances, the Court concerned is directed to take all possible measures to record the evidence under Section 244 Cr.P.C. preferably within three months from the date of production of certified copy of this order before it if the complainant cooperates with the trial and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. 8. With the above observations, the application stands disposed of. Order Date :- 8.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad