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2025 DAILYLAW 55884 (ALL)

NARESH CHANDRA SHARMA @ KRISHNAKANT v. STATE OF .U.P. AND ANOTHER

NA529/1312/2025 · 2025-05-08

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75996 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1312 of 2025 Applicant :- Naresh Chandra Sharma @ Krishnakant Opposite Party :- State Of .U.P. And Another Counsel for Applicant :- Bharat Singh 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 learned Chief Judicial Magistrate, Budaun to conclude the trial of Case No.4625 of 2006, State Vs. Naresh Chandra Sharma, arising out of Case Crime No.375 of 2006, under Sections 279, 337, 338 I.P.C., Police Station- Kotwali, District- Budaun, expeditiously within 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 an accused in the aforesaid case. The case is pending since the year, 2006 and it is at the stage of recording the prosecution evidence. The opposite party no.2 is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. 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 case is at the stage of evidence but no evidence has been adduced by the prosecution so far. Matter relates to the year 2006 and it falls into the category of 'critically old cases'. In the circumstances, the Court concerned is strictly directed to invoke the powers given to it under law to ensure the presence of the witnesses by sending appropriate processes and thereafter all endeavours shall be made by it for expeditious disposal of the case, preferably within one year from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 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 :- 9.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad