Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119279 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1977 of 2025 Applicant :- Mohd. Nasarullah Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 529 BNSS has been filed with a prayer to direct the Civil Judge (SD) Court No.2, Gorakhpur to decide the Case No. 9397 of 2019, arising out of case crime no. 83 of 2018, under Section 406 IPC, P.S. Kotwali, District Gorakhpur, expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that the applicant is the informant in the said case. The aforesaid case was filed in the year 2019 but the matter is still pending at the stage of appearance of opposite party nos. 2 to 8. The opposite party nos.2 to 8 appeared before the Court concerned and bailed out but now they are absconding. They are adopting delaying tactics in disposal of the case. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of opposite party nos.2 to 8. It also appears that some of the opposite parties are resident of other States and Districts. They are not cooperating with the progress of the case. 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 under law itself. The trial court is expected to invoke its power to ensure service of process upon the opposite party nos.2 to 8, which is sent under its seal and order in order to procure his presence. 6.
In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the
opposite party nos.2 to 8 by sending appropriate process to them within three 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, if there is no legal impediment and also keeping in view the work load of the said court. 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 :- 22.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad