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Neutral Citation No. - 2025:AHC:114812 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2211 of 2025 Applicant :- Omwati Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Antim Tiwari,Jitendra Singh,Vikesh Kumar Tiwari 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 Complaint Case No. 77/09 of 2015, under Section 420 IPC, Police Station Civil Lines, District Moradabad, pending in the Court of Additional Civil Judge (JD) Court No.5, Moradabad, 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 case in hand pertains to the year 2015 and the summoning order was passed on 25.5.2016 but the opposite party nos.2 to 6 are not appearing before the Court and due to their non-appearance the case is pending unnecessarily without any proper and effective proceeding. The Court concerned is not taking proper interest in disposal of the said case. 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 appearance of opposite party nos.2 to 6. The case falls in the category of 'critically old cases'. The trial court is expected to invoke its power provided under law to ensure service of process upon the accused person, which is sent under its seal and order in order to procure the presence of the accused. 7. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos.2 to 6 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, preferably within a period of one year, if there is no legal impediment. 8.
8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 16.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad