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Neutral Citation No. - 2025:AHC:111193 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2139 of 2025 Applicant :- Ram Kishun Bharti Opposite Party :- State Of U.P. And 22 Others Counsel for Applicant :- Gokaran Singh 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 S.T. No. 48 of 2018, arising out of case crime no. 10 of 2018, under Sections 147, 323, 325, 327, 504, 506, 149 IPC and 3(2)(Va) of the SC/ST Act, Police Station Sarailakhansi, District Mau, pending in the Court of Special Judge (SC/ST Act), Mau, 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 case in hand pertains to the year 2018 but the opposite party nos.2 to 23 are not appearing before the Court and due to their non- appearance the case is pending unnecessarily without any proper and effective proceeding. Earlier they had appeared and obtained bail and thereafter they are absconding. 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 entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of opposite party nos.2 to 23. The trial court is expected to invoke its power provided under law to ensure service of process upon the accused person, which is sent under its seal and order in order to procure the presence of the accused. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos.2 to 23 by sending appropriate process to them and to ensure the actual compliance by the office of its own orders as early as possible and thereafter all endeavours
shall be made by it for expeditious disposal of the case, preferably within a period of two years, if there is no legal impediment and also keeping in view the work load of the said Court. 7.
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 :- 11.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad