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Neutral Citation No. - 2025:AHC:119083 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2027 of 2025 Applicant :- Brijesh Prasad Opposite Party :- State Of U.P. And 14 Others Counsel for Applicant :- Alok Kumar,Manoj Yadav,Rahul Yadav 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. 5279 of 2015, arising out of case crime no. 574 of 2015 under Sections147, 332, 353, 336, 427, 352, 504, 506 IPC, P.S. Ramkola, District Kushinagar, pending in the Court of Chief Judicial Magistrate, Padrauna at Kushinagar, 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. The aforesaid is pending at the stage of appearance of the accused persons. Some of the accused persons are still absconding and have not appeared before the Court so far. It is also submitted that the Court concerned is not taking any interest to ensure the appearance of the absconding accused before it. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending at the stage of the appearance and some of the accused persons have not appeared before the Court so far. The case falls within the category of 'critically old cases'. The trial court is expected to invoke its power to ensure service of process upon the absconding accused persons, which is sent under its seal and order in order to procure the presence of the accused persons. 7. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the absconding accused / opposite parties 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. 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 :- 22.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad