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2025 DAILYLAW 70887 (ALL)

PRATIKSHA DWIVEDI v. STATE OF U.P. AND ANOTHER

NA529/2113/2025 · 2025-07-09

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109868 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2113 of 2025 Applicant :- Pratiksha Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indu Kant Pandey,Ranjan Krishna Pandey 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 Case No.3171 of 2016 arising out of case crime no. 364 of 2014, under Sections 419, 420, 406, 504, 506 IPC, Police Station Sigra, District- Varanasi pending in the Court of Judicial Magistrate-II, Varanasi 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 is the informant in the aforesaid case and the same is pending since 2016. It is further submitted that the aforesaid case is pending at the stage of evidence. It is further submitted that the opposite party no.2 is not cooperating with the trial Court and applying delaying tactics in disposal of the case. The trial court is also not taking any interest for disposal of the case. 4. I have considered the submissions and perused the entire record. 5. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2016. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. Since the matter is very old and falls within the category of critically old cases, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no.2 by sending appropriate process to him within two 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, keeping in view the heavy work load in the said Court. 7. 7. 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. 8. With the above observations, the application stands disposed of. Order Date :- 10.7.2025//Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad