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2025 DAILYLAW 62476 (ALL)

YOGESH BHATI ALIAS YOGESH DABARA v. STATE OF U.P. AND ANOTHER

NA529/1666/2025 · 2025-05-27

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91562 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1666 of 2025 Applicant :- Yogesh Bhati Alias Yogesh Dabara Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nanhe Lal Tripathi 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.1612 of 2020 in S.T. No. 901 of 2022 arising out of Case Crime No.399 of 2019 under Sections 323, 307, 384, 504, 147, 148, 149 IPC, Police Station Dadri, District- Gautam Buddh Nagar pending in the Court of 1st Additional District and Sessions Judge, Gautam Buddh Nagar 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 accused in the aforesaid case, who is under trial and since all the accused persons are not cooperating with the trial Court and exemption applications are moved by them on each and every date even charges have not been framed against the accused persons. 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 2020 and even charges have not been framed so far. 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. In the circumstances, the Court concerned is directed to pass an order on the point of framing of charge in this case as per law within three 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, if there is no legal impediment. 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 :- 28.5.2025//Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad