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Neutral Citation No. - 2025:AHC:14724 Court No. - 82 Case :- APPLICATION U/S 483 No. - 103 of 2025 Applicant :- Parvez Ahmad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Abhishek Shukla,Anurag Kumar 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 483 Cr.P.C. has been filed with a prayer to direct the learned Additional Chief Judicial Magistrate-Vth, Jaunpur to decide the Complaint Case No. 1402 of 2022 under Sections 323, 504, 506, 451, 406, 420 IPC, Police Station Shahganj, District Jaunpur expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that an application U/S 156(3) CrPC was moved by the applicant against the opposite party nos. 2 and 3 which has been treated as complaint case and summoning order was passed against the opposite party nos.2 and 3 on 20.1.2023 but the matter is still pending at the stage of appearance of opposite party nos.2 and 3. It is next submitted that no sincere efforts have been made by the concerned court to procure the appearance of the accused persons in this case. 4. Learned AGA opposed the prayer. 5. A perusal of the copies of the order sheets goes to show that the aforesaid case is pending at the stage of appearance of the opposite party nos. 2 and 3. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders. They have got ample powers for the same under law itself. Hence, the Court concerned is directed to take all possible measures to procure the presence of the accused persons by sending appropriate process to them and to ensure the actual compliance by the office of its own orders 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. 6. 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. 7. With these observations, the application is finally disposed of. Order Date :- 31.1.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad