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2025 DAILYLAW 72344 (ALL)

SHIVANAND YADAV v. STATE OF U.P. AND 11 OTHERS

NA529/2219/2025 · 2025-07-16

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:116185 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2219 of 2025 Applicant :- Shivanand Yadav Opposite Party :- State Of U.P. And 11 Others Counsel for Applicant :- Shyamu Shukla 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. 135041 of 2021 arising out of case crime no. 171 of 2021, under Sections 147, 323, 504, 452, 325 IPC, Police Station-Gola, District- Gorakhpur pending in the Court of learned Judicial Magistrate-II, Gorakhpur 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 in the aforesaid case, which is pending since 2021 but the accused/ opposite party no.2 to 12 are not appearing before the Court and the matter is lingering on to procure their presence. The trial court is not taking any interest for disposal of the case. 4. I have considered the submissions and perused the entire record. 5. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2021. The accused persons have not appeared before the Court. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. 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 12 by sending appropriate process to them 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, 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 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. 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