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2025 DAILYLAW 64094 (ALL)

FAIZ ABBAS RIZVI v. STATE OF U.P. AND ANOTHER

NA529/1680/2025 · 2025-05-27

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91800 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1680 of 2025 Applicant :- Faiz Abbas Rizvi Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.P.S. Chauhan,Sukhendra Singh 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 Complaint Case No. 223 of 2019 under Sections 420, 467, 468, 471 IPC, Police Station Civil Lines, District Aligarh, pending in the Court of J.M.- II, Aligarh, 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 of the aforesaid case. The case is pending at the stage of framing of charge and the accused person is applying delaying tactics. It is further submitted that three accused persons in all were summoned by the trial court to face trial however one of them expired and the opposite party no.2 is appearing before the Court concerned through his counsel. It is also submitted that in the application U/S 482 No. 30949 of 2023 stay order has been passed by this Court vide order dated 4.12.2023 in favour of the co-accused Mohd. Sayeed and the matter is pending only for the opposite party no.2 and he is regularly moving exemption applications through counsel. The Court concerned is not taking proper interest in disposal of the said case. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the order sheets that the matter is pending since 2019 and even charges have not been framed so far. The accused person is applying delaying tactics in the matter. The trial court is expected to take strict action against the accused person / opposite party no.2, who is trying to delay the trial of this case and even charges have not been framed on account of his delaying tactics. 6. The Court concerned is directed to pass an order on the point of framing of charge as per law within two months from the date of production of certified copy of this order before it. It is also directed that on the date fixed by the trial court the accused person / opposite party no.2 shall appear before the Court and no adjournment or exemption for appearance will be granted to him on any ground whatsoever and thereafter if charges are framed, all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. 7. With the above observations, the application stands disposed of. Order Date :- 28.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad