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2025 DAILYLAW 65395 (ALL)

SUNIL TOMAR v. STATE OF U.P.

NA529/1759/2025 · 2025-07-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107362 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1759 of 2025 Applicant :- Sunil Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kumar Sahu 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 S.T. No. 501 of 2018, arising out of case crime no. 201 of 2018, under Sections 302, 353, 504, 332, 186 IPC and 7 Criminal Law Amendment Act, Police Station Badalpur, District Gautam Budh Nagar pending in the Court of Additional Sessions Judge-III, Gautam Budh Nagar, 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 appearing for the informant in the said session trial and same is pending since 2018. The Court concerned is not taking proper interest in disposal of the said case. The case is at the stage of recording evidence but as of now no witness has been examined. 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 but no evidence is being adduced by the prosecution. The accused persons are not cooperating with the trial court and they remained absconding for long and one of them, namely, Nitu never appeared before the trial court and his file was separated and other accused is appearing before the Court. In the circumstances, the Court concerned is directed to invoke the powers given to it under the law to ensure the presence of the witnesses by sending appropriate process to them and thereafter make all possible efforts to dispose of the session trial under reference as expeditiously as possible without granting unnecessary adjournments to either of the parties, keeping in view the work load of the said Court, if there is no other legal impediment. 7. 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. 8. With the above observations, the application stands disposed of. Order Date :- 8.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad