Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90350 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1395 of 2025 Applicant :- Rakesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akshansh 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. 14500 of 2006, arising out of case crime no. 1065 of 2006, under Sections 223, 224, 406 IPC, Police Station Cantt., District Gorakhpur pending in the Court of Chief Judicial Magistrate, Gorakhpur, 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 the accused in the said case and same is pending since
2006. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and 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. Charges have been framed in the matter but no prosecution evidence has been adduced so far.
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 recording of evidence of prosecution witnesses. 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 to them as early as possible and thereafter all endeavours shall be made by it for expeditious disposal of the case, preferably within two years, 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 :- 27.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad