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Neutral Citation No. - 2025:AHC:75526 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1310 of 2025 Applicant :- Archana Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Dohare 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. 25675 of 2023 (State Vs. Ashutosh Mishra), arising out of Case Crime No. 439 of 2021, under Sections 328, 376, 506, 406 IPC, Police Station Civil Lines, District Prayagar pending in the Court of Chief Judicial Magistrate, Allahabad, 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. Court concerned is not taking proper interest to ensure the appearance of the said accused before it. It is also submitted that two years have elapsed and the case is still at the stage of appearance. 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 2023. The accused persons have not appeared before the Court so far. 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 the accused / opposite party no. 2 by sending appropriate process to them within three months from the date of production of certified copy of this
order before it and thereafter 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 :- 9.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad