MAHENDRA NATH UPADHYAYA v. STATE OF U.P. AND 2 OTHERS
NA529/1751/2025 · 2025-07-07
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65310 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65310 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107136 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1751 of 2025 Applicant :- Mahendra Nath Upadhyaya Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Gaurav Sharma,Vijay Kumar Mishra 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. 9634 of 2023, under Section 156(3) CrPC for the offence under Sections 267, 268, 219, 220, 467, 468, 419, 420, 120-B IPC, 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 appears from the perusal of the record that above case is pending at the stage of recording of evidence under Section 202 CrPC and the Court concerned is fixing dates for the said purpose but it is very surprising that the applicant / complainant is appearing before the Court concerned but no evidence is being adduced by him. Needless to say that evidence may be adduced by the applicant / complainant himself but it is very strange that instead of adducing evidence, the applicant / complainant unnecessarily knocked at the door of this Court, which is not a good practice. Hence, there is no justification to issue direction to the Court concerned for expeditious disposal of the said case. The application is liable to be rejected and the same is accordingly rejected. Order Date :- 8.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad