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2025 DAILYLAW 58147 (ALL)

RAJ BAHADUR YADAV v. STATE OF U.P. AND 5 OTHERS

NA529/1409/2025 · 2025-05-14

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80399 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1409 of 2025 Applicant :- Raj Bahadur Yadav Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Mahendra 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. 1716 of 2017, under Sections 379, 504, 506 IPC, Police Station Baksha, District Jaunpur pending in the Court of Additional Civil Judge (SD)-II, Jaunpur, 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 complainant of the aforesaid case. The case is pending at the stage of framing of charge and the accused persons are applying delaying tactics. It is also submitted that the accused persons / opposite party nos. 2 and 6 had appeared before the trial court and obtained bail and they again became absent and now non-bailable warrant has been issued against them. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the order sheets that the matter is pending since 2017 and even charges have not been framed so far. The accused persons are applying delaying tactics in the matter. The trial court is expected to take strict action against the accused persons, who are trying to delay the trial of this case and even charges have not been framed on account of their delaying tactics. 6. Since the matter pertains to the year 2017 and falls into the category of 'critically old cases', the Court concerned is directed to pass an order on the point of framing of charge as per law as early as possible. It is also directed that on the date fixed by the trial court all the accused persons shall appear before the Court and no adjournment or exemption for appearance will be granted to any of the accused persons on any ground whatsoever and thereafter all endeavours shall be made by it for expeditious disposal of the case, preferably within a period of six months from the date of framing of charge in the matter, if there is no legal impediment. 7. 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