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Neutral Citation No. - 2025:AHC:107316 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1659 of 2025 Applicant :- Bindhyachal Sharma Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Vinod Kumar Yadav 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. 205 of 2024 arising out of case crime no. 406 of 2023, under Sections 34, 452, 323, 504, 506, 427 IPC, Police Station - Sidhari, District Azamgarh pending in the Court of Chief Judicial Magistrate, Azamgarh 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 case. It is further submitted that the evidence of P.W.1/ the applicant, has been recorded and evidence of P.W.2 is going on. It is further submitted that since the accused persons are not cooperating with the trial Court and they are not appearing it is causing delay in the disposal of the present case. 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 2023. 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 / opposite party nos. 2 to 7 by sending appropriate process to them 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 preferably within two years, 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