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2025 DAILYLAW 61656 (ALL)

FAEEM @ A T M v. STATE OF U.P.

NA529/1566/2025 · 2025-05-21

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86879 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1566 of 2025 Applicant :- Faeem @ A T M Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Mishra 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 conclude the proceedings of case crime no.690 of 2013, under Section 328, 392 and 120-B IPC, Police Station - Dhampur, District-Bijnor pending in the Court of Additional Chief Judicial Magistrate, Court No.3, Bijnor 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 is the one of the accused in the said case. It is further submitted that the present accused applicant is an under trial and even charges have not been framed so far in this old case by the learned Magistrate Court and the matter is pending to procure the appearance of other accused persons and for committal as well. The Court concerned is not taking proper interest in disposal of the said session trial. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It appears from perusal of the order sheets that the present accused applicant is detained in the District Jail, Moradabad and committal order has been passed by some of the accused persons. 7. In the circumstances, the Court concerned is directed to ensure the presence of the present accused applicant from the District Jail, Moradabad before the Magistrate Court at Bijnor. It is further submitted that this exercise should be completed preferably within a period of 1 months from the date fixed by the Magistrate Court in this matter, and thereafter all endeavours shall be made by trial Court for expeditious disposal of the case, if there is no legal impediment. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 22.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad