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2025 DAILYLAW 65181 (ALL)

SHRI HARIPRASAD v. STATE OF U.P.

NA529/2231/2025 · 2025-07-16

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115900 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2231 of 2025 Applicant :- Shri Hariprasad Opposite Party :- State of U.P. Counsel for Applicant :- Shams Tabrez Alam Ansari 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 Case, arising out of case crime no. 40 of 2023, under Sections 147, 323, 504, 506, 325, 308 IPC, P.S. Barhalganj, District Gorakhpur, pending in the Court of Civil Judge (SD) Court No.3, Gorakhpur, 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 informant of the said case and present case is pending at the stage of appearance of the accused person. It is also submitted that the accused is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case. The Court concerned is also not taking proper interest in disposal of the said case. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of the accused. The accused is not cooperating with the progress of the case. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused by sending appropriate process to him 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, if there is no legal impediment. 6. 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. 7. With the above observations, the application stands disposed of. Order Date :- 17.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad