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2025 DAILYLAW 71204 (ALL)

DIGAMBER DAS ALIAS DIPANKER DAS v. STATE OF U.P. AND ANOTHER

NA529/2035/2025 · 2025-07-21

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119171 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2035 of 2025 Applicant :- Digamber Das Alias Dipanker Das Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Malviya 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. 1361/IX/13, arising out of case crime No. 683 of 2012, under Sections 323, 325, 504 IPC, Police Station Highway, District Mathura pending in the Court of C.J.M. Mathura, expeditiously within 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 accused in the said case and same is pending since 2013. The Court concerned is not taking proper interest in disposal of the said case. The case is at the stage of recording evidence but as of now no witness has been examined. It is also submitted that the case is unnecessarily pending for the reason that the prosecution is not adducing evidence. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the case is pending at the stage of evidence but no evidence is being adduced by the prosecution. It also reveals that the Court concerned is not taking proper interest to procure the presence of the witnesses despite the fact that the matter is of more than ten years old and it falls in the category of 'critically old cases'. In the circumstances, the Court concerned is directed to invoke the powers given to it under the law to ensure the presence of the witnesses by sending appropriate process to them and thereafter make all possible efforts to dispose of the case under reference as expeditiously as possible, preferably within one year and six months from the date of production of certified copy of this order before it, without granting unnecessary adjournments to either of the parties, if there is no other legal impediment. 7. 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