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2025 DAILYLAW 62567 (ALL)

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

NA529/1605/2025 · 2025-05-22

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87901 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1605 of 2025 Applicant :- Yogesh Bhati Alias Sonu Alias 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. 6575 of 2013 in S.T. No. 355 of 2013, arising out of case crime no. 120 of 2013, under Sections 302, 120-B IPC, Police Station Surajpur, District Gautam Budh Nagar pending in the Court of Special Judge (SC/ST Act), Gautam Budh 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 the learned counsel for the applicant that the applicant is the accused in the said session trial and same is pending since 2013. The Court concerned is not taking proper interest in disposal of the said case. The case is at the stage of recording evidence but as of now no witness has been examined. It is also submitted that the applicant is unnecessarily detained in jail only for the reason that the prosecution is not adducing the evidence. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the case is pending at the stage of evidence but no evidence is being adduced by the prosecution. The case is very old and it falls in the category of 'critically old cases'. In the circumstances, the Court concerned is directed to invoke the powers given to it under the law to ensure the presence of the witnesses by sending appropriate process to them and thereafter make all possible efforts to dispose of the session trial under reference as expeditiously as possible, preferably within one year from the date of production of certified copy of this order before it, without granting unnecessary adjournments to either of the parties, keeping in view the work load of the said Court, if there is no other legal impediment. 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 :- 23.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad