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2025 DAILYLAW 68213 (ALL)

MUJAHID v. STATE OF U.P. AND ANOTHER

NA529/1952/2025 · 2025-07-02

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103906 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1952 of 2025 Applicant :- Mujahid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey,Niharika Dubey,Vishal Ohri 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 Criminal Case No.3004 of 2021, arising out of Case Crime No.382 of 2020 under Sections 147, 149, 323, 504, 506, 188, 269, 270, 271 IPC and Section 3 Epidemic Act and Section 51 Disaster Management Act and Section 7 Criminal Law Amendment Act, Police Station - Kithore, District- Meerut pending in the Court of Additional Chief Judicial Magistrate (JD)/ Judicial Magistrate, Court No.2, Meerut expeditiously within a stipulated period. 2. Heard Ms. Vishakha Dubey, learned counsel appearing 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 co-accused in the aforesaid case. It is further submitted that since all the accused persons are not appearing together before the trial Court even the charges has not been framed so far whereas the matter is very old. It is further submitted that the applicant is cooperating with the trial Court and is appearing before the Court on each and every date. 4. The case is pending at the stage of framing of charge and the accused persons are applying delaying tactics and till date charges have not been framed in the matter. 5. I have considered the submissions and perused the entire record. 6. The trial court is expected to take strict action against the accused persons, who are trying to delay the trial of this case and even charges have not been framed on account of their delaying tactics. 7. In the circumstances, the Court concerned is directed to procure the presence of the accused persons together on the next date fixed and if they appear, the Court shall further proceed on hearing of all the accused persons and prosecution on the point of charge and this exercise should be finished preferably within a period of three months from the date of production of certified copy of this order before it, if there is no legal impediment. 8. 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. 9. 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