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2025 DAILYLAW 62465 (ALL)

ANIL DUBEY v. STATE OF U.P. AND 2 OTHERS

NA529/1597/2025 · 2025-05-22

Nalin Kumar Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:87975 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1597 of 2025 Applicant :- Anil Dubey Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashutosh Shukla,Kapil Dev Tiwari 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. 1184 of 2023 arising out of case crime no. 497 of 2022, under Sections 406, 420 IPC, Police Station Linebazar, District Jaunpur pending in the Court of Chief Judicial Magistrate, Court No.11, 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 informant in the aforesaid case. It is further submitted that charge sheet in this matter was submitted and after taking of cognizance process were issued against the accused persons but they have not appeared so far before the Court. It is also submitted that three years have elapsed and the case is still at the stage of appearance. The trial court is not taking any interest for disposal of the case. 4. I have considered the submissions and perused the entire record. 5. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2022. The accused persons have not appeared before the Court so far. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. 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 3 by sending appropriate process to them within two months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, keeping in view the heavy work load in the said Court. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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 :- 23.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad