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2025 DAILYLAW 73150 (ALL)

RAMKESH v. STATE OF U.P. AND 6 OTHERS

NA529/2123/2025 · 2025-07-10

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111289 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2123 of 2025 Applicant :- Ramkesh Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Sujeet Sinha 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 Special Case No. 50 of 2018 in case crime no. 94 of 2016 under Sections 147, 323, 504, 506 I.P.C. and 3(1)(Da), 3(1)(Dha) and 3(2)5(Ka) of SC/ST Act, Police Station- Atrauliya, District- Azamgarh pending in the Court of learned Special Judge, SC/ST Court, Azamgarh 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 before this Court is the informant. It is further submitted that the evidence of the informant/ P.W.1 has been recorded. It is further submitted that in an Application U/S 482 Cr.P.C. No. 24325 of 2022 vide order dated 14.9.2022 a direction was already issued by this Court to dispose of this case finally within six months but the matter is still pending. The learned trial Court is not making serious efforts for expeditious disposal of the case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It appears from the perusal of the record that some prosecution papers were missing from the record and a lot of time of the Court was wasted in search of the aforesaid papers, however, the matter is very old and learned trial Court did not take into account the order passed by this Court for expeditious disposal of the case. 7. In the circumstances, the Court concerned is strictly directed that in any case the present matter must be decided expeditiously preferably within a period of six months from the date of production of certified copy of this order before it and if this Order is not complied with some adverse orders may be passed. 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