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2025 DAILYLAW 68096 (ALL)

KUNWAR PAL AND ANOTHER v. STATE OF U.P.

NA529/1961/2025 · 2025-07-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105647 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1961 of 2025 Applicant :- Kunwar Pal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dalvir Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Criminal Misc. Application No. 20 of 2023 (State Vs. Kunwar Pal and another) dated 19.05.2003 and 07.03.2024, in S.T. No. 39 of 2014, arising out of Case Crime No. 72 of 2014, under Section 446 Cr.P.C., Police Station Patiyali, District Kasganj, pending before the learned Additional District & Sessions Judge, Kasganj, expeditiously within a stipulated period. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicants that the applicants before this Court are the sureties of the accused Dilwar who has absconded during trial at the stage of Section 313 Cr.P.C. It is further submitted that the proceedings under Section 446 Cr.P.C. were initiated against the applicants and bail bonds earlier executed by them were forfeited and notices were issued to them. The applicants filed an application dated 04.02.2023 before the learned trial court seeking time for 15 days to search out the accused Dilwar and the proceedings under Section 446 Cr.P.C. may be kept in abeyance but the said application was rejected by the trial court and recovery and arrest warrants were issued against the applicants. It is next submitted that meanwhile, the applicants searched out the accused Dilwar and got him surrendered before the learned trial court. Thereafter the applicant No. 2 filed an application dated 19.05.2023 before the learned trial court stating therein that they have searched out and got surrendered the accused Dilwar who was confined in jail, hence the proceedings initiated under Section 446 Cr5.P.C. may be withdrawn. It is next submitted that trial of S.T. No. 39 of 2014 was concluded and the accused Dilwar was convicted by the trial court. Thereafter applicants preferred Criminal Misc. Application No. 20 of 20023, under Section 446 Cr.P.C. before the learned trial court for discharging them but they have not been discharged. It is also submitted that the application for discharge is pending but no order has been passed so far on that application. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is directed to dispose of the aforesaid discharge applications moved by the applicants within a period of one month from the date of production of certified copy of this order before it, without granting any 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 :- 7.7.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad