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Neutral Citation No. - 2025:AHC:111075 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2135 of 2025 Applicant :- Damyanti Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Krishna Anand,Pushpendra Kumar Yadav 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. 1287 of 2009 in case crime no. 527 of 2008 under Sections 420, 467, 468, 471 I.P.C., Police Station- Cantt., District- Varanasi pending in the Court of learned Chief Judicial Magistrate, Varanasi 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 the applicant before this Court is the informant in the said criminal case which is pending since 2008. It is further submitted that the said case is still pending at the stage of appearance of the accused persons. 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 record. 6. The accused persons have not appeared before the Court so far. 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. 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 5 by sending appropriate process to them expeditiously and further directed to make all endeavours to decide the aforesaid case expeditiously preferably within a period of one year from the date of production of certified copy of this order before it, keeping in view the heavy work load in the said Court. 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 :- 11.7.2025//Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad