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Neutral Citation No. - 2025:AHC:90289 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1511 of 2025 Applicant :- Rajesh Kumar Yadav Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Deepanshu Ashava 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 Criminal Case No. 1423 of 2024, under Section 175(3) of BNSS, Police Station Shohratgarh, District Siddharth Nagar, pending in the Court of Chief Judicial Magistrate, Siddharth Nagar 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 learned counsel for the applicant that an application U/S 75(3) BNSS was moved by the applicant against the opposite party nos. 2 to 7. It is next submitted that during course of the proceeding, an order dated 25.10.2024 was passed by the Court concerned directing the S.H.O., Shohratgarh to make an enquiry in the matter and submit report to the Court till 18.112024. The said report is still awaited and no sincere efforts have been made by the concerned to obtain the same. 4. Learned AGA opposed the prayer. 5. A perusal of the copies of the order sheets goes to show that the aforesaid case is pending for want of report of the S.H.O. concerned. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders. They have got ample powers for the same under law itself. Hence, the Court concerned is directed to take all possible measures to obtain the said report from the S.H.O. concerned by sending appropriate process 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 six months, if there is no legal impediment. 6. 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. 7. With these observations, the application is finally disposed of. Order Date :- 27.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad