Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107333 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1658 of 2025 Applicant :- Shivam Chaudhary Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohammad Arshad Khan 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 Sessions Trial No. 1664 of 2022 in case crime no. 428 of 2022 under Sections 366, 376D, 323, 506, 377, 342, 34, 120B, 368, 392 I.P.C., Police Station- Kavi Nagar, District- Ghaziabad pending in the Court of learned Additional District and Sessions Judge/ Fast Track Court 1st , Ghaziabad 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 it is a police chalani case relating to the gang rape pending since 2022. It is further submitted that the applicant before this Court is the informant. It is further submitted that all the witnesses of fact have been examined but the prosecution has not adduced the formal witnesses before the Court ande the trial Court is also appears to be little reluctant to procure the presence of witnesses of this case.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. The trial court is expected to invoke its power to ensure service of process upon the witnesses, which is sent under its seal and
order in order to procure the presence of the witnesses.
7. Keeping in view the gravity of the offence and also the matter is pending since 2022, the Court concerned is directed to take all possible measures to procure the presence of the witnesses by sending appropriate process to them expeditiously and thereafter all endeavours shall be made by it for expeditious disposal of the case preferably within a period of one year from the date of
production of certified copy of this order before it, keeping in view the heavy work load in the said Court.
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 :- 8.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad