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2025 DAILYLAW 65623 (ALL)

ABDUL SAMAD v. STATE OF U.P. AND 3 OTHERS

NA529/1770/2025 · 2025-07-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107234 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1770 of 2025 Applicant :- Abdul Samad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Lal Mani Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 529 BNSS has been filed with a prayer to direct the Additional Civil Judge (JD)-II, Meerut to decide the Case No.1919 of 2019, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Kithore, District Meerut expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that the matter pertains to the year 2019 but since then even after several efforts made by the Court concerned, the accused persons did not appear before the Court concerned and the matter is still pending at the stage of appearance of said opposite party nos.2 to 4. They are adopting delaying tactics in disposal of the 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 opposite party nos.2 to 4. They are not cooperating with the progress of the case. 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 law itself. The trial court is expected to invoke its power to ensure service of process upon the opposite party nos.2 to 4, which is sent under its seal and order in order to procure his presence. 6. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party nos.2 to 4 by sending appropriate process to them 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. 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