Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:80346 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1412 of 2025 Applicant :- Sanjay Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 529 BNSS has been filed with a prayer to direct the learned A.C.M.M.-04, Kanpur Nagar to decide the Case No. 1762 of 2020, under Section 3/7 E.C. Act, Police Station Maharajpur, District Kanpur Nagar expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that the case pertains to the year 2020. In this matter, final report was submitted by the police. The trial court issued notice to the complainant / Food Inspector of this case and the matter is pending without any effective proceeding and the complainant / Food Inspector is not appearing before the Court. It is also submitted that since the final report is still existing and has not been accepted by the trial court it is making a criminal antecedent of the applicant and that is why the present application has been moved. The opposite party no.2 / complainant is adopting delaying tactics in disposal of the case. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the order sheets that the aforesaid case is pending since 2020 at the stage of appearance of opposite party no.2. It also appears that after receiving closure report on 8.10.2020 the trial court has sent several notices to the complainant / Food Inspector and since he is not appearing, the matter is pending without any effective proceeding. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under law itself. The trial court is expected to invoke its power to ensure service of process upon the opposite party no.2,
which is sent under its seal and order in order to procure his presence. Since the Food Inspector is a government servant the trial court if makes sincere efforts there is no problem to serve notice upon him. 6.
Hence, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party no.2 by sending appropriate process to him within three months from the date of production of certified copy of this order before it and thereafter if any protest petition is filed the same shall be heard and disposed of expeditiously, if there is no legal impediment. 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