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Neutral Citation No. - 2025:AHC:80432 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1407 of 2025 Applicant :- Rakesh Kumar Sen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra Mishra 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 Case No. 1044 of 2010, arising out of case crime no. 384 of 2010, under Sections 147, 149, 332, 353, 504, 427, 34 IPC and 3/4 Prevention of Damage to Public Property Act and 7 of C.L.A Act, Police Station Nawabad, District Jhansi pending in the Court of Chief Judicial Magistrate, Jhansi, 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 case and the case pertains to the year 2010. It is also submitted that the prosecution witnesses are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. Matter is pending since 2010 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 2010 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 Court concerned is directed to make all endeavours for expeditious disposal of the case preferably within a period of 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 :- 15.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad