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2025 DAILYLAW 63015 (ALL)

MAHESH CHANDRA v. STATE OF U.P. AND 4 OTHERS

NA529/1642/2025 · 2025-07-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107533 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1642 of 2025 Applicant :- Mahesh Chandra Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Akash Tyagi,Neha Tyagi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to expedite the Complaint Case No.488 of 2021 (Old Case No. 198 of 2017) under Sections 323, 504, 506, 420, 467 I.P.C. Police Station- Muradnagar, District- Ghaziabad pending in the Court of Additional Chief Judicial Magistrate (S.D.)-V, Ghaziabad 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 before this Court is the complainant in the aforesaid case, which is pending since 2017 and still pending at the stage of recording the evidence under Section 244 Cr.P.C. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It appears from perusal of the record that the evidence of P.W.1 has been recorded and now the matter is pending rest evidence under Section 244 Cr.P.C. 7. Since the evidence has to be adduced by the complainant himself, there is no need to issue any direction to the trial Court for expeditious disposal of the case. However, the complainant is directed, if he is really serious for the expeditious disposal of the case, to appear before the trial Court along with the witnesses to record the evidence under Section 244 Cr.P.C. and if he cooperates with the trial Court, the trial Court directed to make all endeavours for expeditious disposal of the case, if there is no legal impediment. 8. With the above observations, the application stands disposed of. Order Date :- 8.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad