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2025 DAILYLAW 70548 (ALL)

ANURAG KASHYAP v. STATE OF U.P. AND ANOTHER

NA529/2013/2025 · 2025-07-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105695 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2013 of 2025 Applicant :- Anurag Kashyap Opposite Party :- State of U.P. and Another Counsel for Applicant :- B.N.Singh,Manish Kumar 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 Case No. 4558 of 2015, arising out of Case Crime No. 392 of 2015, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Chaubeypur, District Kanpur Nagar, pending in the court of First Additional Chief Judicial Magistrate, Kanpur Dehat, 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 one of the accused persons. It is further submitted that the matter is very old and is pending since the year 2015 at the stage of recording of prosecution evidence but the prosecution witnesses are not appearing before the court and due to non-appearance of the prosecution witnesses, the trial is pending unnecessarily. 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 expected to invoke its powers given to it under law for procuring the presence of the prosecution witnesses as early as possible and to make all the endeavours to decide the case as expeditiously as possible, preferably within a period of one year from the date of production of certified copy of this order before it, without granting any unnecessary adjournment to either of the parties and keeping in view the heavy workload in the said court, 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