Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82688 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1450 of 2025 Applicant :- Manoj Kumar Bharti Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Abhishek Saroj,Sunil Kumar Yadav 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. 109195 of 2024 in case crime no. 58 of 2024 under Sections 323, 504, 506 I.P.C., Police Station- Sindhaura, District- Varanasi pending in the Court of learned Additional Chief Judicial Magistrate, Court no.1, Varanasi 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 before this Court is the informant in the aforesaid case. It is further submitted that in this case cognizance has been taken and the accused persons/ opposite party nos. 2 to 5 did not appear before the Court so far. 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. This Court is fully aware of the heavy work load and pendency of cases at the Magistrate Court at Varanasi. However, learned trial is directed to make sincere efforts to ensure the appearance of the accused persons of the case by using its powers given to him by law itself and if the accused persons appears, efforts shall be made for the expeditious disposal of the same but the learned trial Court may also consider the heavy work load pending before the said Court.
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 :- 17.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad