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2025 DAILYLAW 64095 (ALL)

PANKAJ CHAUDHARY v. STATE OF U.P. AND ANOTHER

NA529/1683/2025 · 2025-05-27

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91612 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1683 of 2025 Applicant :- Pankaj Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey,Niharika Dubey 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 Session Case No. 914 of 2022 (S.T. No. 644 of 2022), arising out of case crime no. 73 of 2021, under Section 307 IPC, Police Station Hastinapur, District Meerut, pending in the Court of Additional Sessions Judge, Court No.20, Meerut 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 the applicant is the accused in the said session trial and same is pending since 2022. It is also submitted that the opposite party no.2 / informant is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said session trial and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said session trial. The case is at the stage of evidence. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the case is pending at the stage of evidence. Charge has been framed but the witnesses are not turning up for evidence causing unnecessarily delay in the trial. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under the law itself. 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 their presence. 7. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the informant / opposite party no. 2 by sending appropriate process to her and to ensure the actual compliance by the office of its own orders 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, if there is no legal impediment. 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 :- 28.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad