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Neutral Citation No. - 2025:AHC:103247 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1945 of 2025 Applicant :- Atul And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girijesh Kumar Gupta,Shiv Shankar Pd Gupta 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 Sessions Trial No. 379 of 2022, arising out of case crime no. 228 of 2021, under Section 147, 148, 307, 325, 323, 427 IPC, Police Station Pilkhua, District- Hapur pending in the Court of Additional District and Sessions Judge/ Fast Track Court No.2, Hapur expeditiously within 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 are the accused in the said case. It is further submitted that no evidence has been recorded so far before the trial Court whereas the opposite party no.2 is himself the informant but he is also not cooperating with the trial Court and is not appearing for recording his evidence. It is further submitted that although an Application U/S 482 No. 27844 of 2021 was preferred by the applicants but however no order to stay the proceedings or any other protection order has been passed by this Court in the aforesaid proceeding. It is further submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said session trial.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. In the circumstances, the Court concerned is directed to invoke the powers given to it under the CrPC to ensure the presence of the
witnesses by sending appropriate process within one month 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. It is further
directed that no unnecessary adjournment will be sought/granted.
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 :- 3.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad