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2025 DAILYLAW 72338 (ALL)

SANTOSH KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA529/2226/2025 · 2025-07-16

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116038 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2226 of 2025 Applicant :- Santosh Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh,Sonam Singh,Yuvaraj Singh 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 S.T. No. 1498 of 2024 arising out of case crime no. 129 of 2021, under Sections 147, 323, 324, 504, 506, 342, 304 IPC, Police Station- Hathgaon, District-Fatehpur pending in the Court of learned District and Sessions Court, Fatehpur expeditiously within stipulated period. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicants that the applicants before this Court are the accused persons in the said case and same is pending at the stage of evidence. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said session trial. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the circumstances, the Court concerned is directed to invoke the powers given to it under the CrPC to ensure the presence of the witnesses by sending appropriate process within six 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, keeping in view the heavy work load in the said Court. 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 :- 17.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad