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2025 DAILYLAW 55622 (ALL)

GEETA MIGLANI v. STATE OF U.P. AND 6 OTHERS

NA529/1387/2025 · 2025-05-26

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90188 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1387 of 2025 Applicant :- Geeta Miglani Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Sonu Kumar Upadhyay,Uma Nath 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. 4092 of 2003 under Sections 420, 467, 468, 471 IPC, Police Station- Sector-20, District Gautam Buddh Nagar pending in the Court of Chief Judicial Magistrate, Gautam Buddh Nagar 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, which is pending since 2003. It is further submitted that the matter is very old. The proceedings of this case were stayed by this Court only in respect of opposite party no.5/ accused Bal Kishan but the trial Court stayed the proceedings of entire case and the matter was kept pending for long, however, now the trial is going on but since the accused persons are not cooperating with the trial Court, charges have not been framed. 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 reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2003. The accused persons are not cooperating with Court. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of all the accused persons / opposite parties together on the next date fixed except opposite party no.5/ Bal Kishan and make all possible endeavours to decide the critically old case preferably within a period of two years from the date of certified copy of the order before it, without granting any unnecessary adjournment to any of the parties, keeping in view the heavy work load in the said Court. 7. 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