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Neutral Citation No. - 2025:AHC:66588 Court No. - 80 Case :- APPLICATION U/S 483 No. - 69 of 2025 Applicant :- Harendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Prakash Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned trial court to decide the Case No. 10944 of 2010 (State Vs. Harendra) arising out of Case Crime No. 200 of 2010, under Sections 420, 467, 468, 471, 484, 414 I.P.C., Police Station Hapur Nagar, District Ghaziabad, pending in the court of Chief Judicial Magistrate, Hapur, 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 before this Court is accused in the said case. It is further submitted that applicant has appeared in the court but other accused persons are not appearing in the court. The case is pending at the stage of appearance of other accused persons except the applicant. The matter is very old and falls in the category of very old cases.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record. It reveals from the perusal of the order sheets that the present case is pending at the stage of appearance of the other accused persons except the applicant. 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 in the law itself. 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 facts and circumstances of the case, the learned trial court
is directed to take effective steps for procuring the presence of other accused persons except the applicant Harendra within a period of three months from today and to make all the endeavours for expeditious disposal of Case No. 10944 of 2010 (State Vs. Harendra) arising out of Case Crime No. 200 of 2010, under Sections 420, 467, 468, 471, 484, 414 I.P.C., Police Station Hapur Nagar, District Ghaziabad, pending in the court of Chief Judicial Magistrate, Hapur without granting unnecessary adjournment to either of the parties, 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 execution authorities, advocates, parties to the case, staff 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 :- 29.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad