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2025 DAILYLAW 63407 (ALL)

BANDANA GUPTA v. STATE OF U.P. AND 2 OTHERS

NA529/1656/2025 · 2025-07-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107364 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1656 of 2025 Applicant :- Bandana Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Himanshu Srivastava,Madan Lal Srivastava 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 Criminal Case No. 61 of 2018 arising out of case crime no. 462 of 2017, under Section 406 I.P.C. Police Station Bhadohi, District- Bhadohi pending in the Court of Chief Judicial Magistrate, Bhadohi at Gyanpur 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 police chalani case, which is pending since 2018. It is further submitted that co-accused is not cooperating with the trial Court and NBW has been issued against him. Since he is not appearing before the Court the matter is unnecessarily pending. 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 2018. 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 persons 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 :- 8.7.2025//Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad