SANTOSH KUMAR CHAUHAN v. STATE OF U.P. AND 3 OTHERS
NA529/1999/2025 · 2025-07-02
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66271 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66271 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:103633 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1999 of 2025 Applicant :- Santosh Kumar Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Rajbhar,Rajeev Kumar Singh 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 No. 107496 of 2023 arising out of case crime no. 272 of 2022, under Sections 420, 336 IPC and 15 (2)(B) Indian Medical Counsel Act, Police Station- Cholapur, District- Varanasi pending in the Court of Additional Chief Judicial Magistrate-Ist, Varanasi expeditiously within a 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 in the aforesaid case. It is further submitted that accused/ opposite party nos. 2 to 4 were granted anticipatory bail after submission of charge sheet there are not appearing before the Court inspite of several summons sent by the learned trial Court. It is further submitted that the trial court is not taking any interest for disposal of the case. 4. I have considered the submissions and perused the entire record. 5. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 4 by sending appropriate process to them 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, keeping in view the heavy
work load in the said Court. The trial Court is also advised to see that whether the order of anticipatory bail granted in favour of the accused persons is being misused by the accused persons and if it is so, the trial Court may invoke its power for cancellation of anticipatory bail granted to the accused persons/ opposite party nos. 2 to 4. 7.
It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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 :- 3.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad