Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125452 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2173 of 2025 Applicant :- Praveen Kumar Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashutosh 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. 2407 of 2025 arising out of case crime no. 441 of 2023, under Sections 406, 504, 506 IPC, Police Station- Cantt., District- Gorakhpur pending in the Court of learned Chief Judicial Magistrate, 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. It is further submitted that the opposite party nos. 2, 3 and 4 are not appearing before the Court and the case is pending at the stage of appearance. 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 2023. 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.
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 4 by sending appropriate process to them preferably 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, 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 :- 29.7.2025//Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad