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2025 DAILYLAW 74755 (ALL)

VIPIN KUMAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA529/2220/2025 · 2025-07-16

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:115902 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2220 of 2025 Applicant :- Vipin Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manu Pathak,Mohit Kumar Tiwari 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.4977/9 of 2021 arising out of case crime no. 19 of 2020, under Section 498A, 323 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District- Shamli pending in the Court of Chief Judicial Magistrate, Shamli 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. It is further submitted that the matter pertains to the year 2021 and is pending at the stage of evidence but no evidence is being adduced by opposite party no.2/ informant/ prosecution. 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. From perusal of the order sheets it appears that on several occasions the accused persons/ applicants themselves became absent and did not appear before the Court and the trial Court was bound to issue punitive processes against them and particularly applicant no.1/ husband is not cooperating with the trial Court. 7. In the circumstances, the Court concerned is directed to assure that all the applicants cooperate with the trial Court and thereafter all endeavours shall be made by the trial Court for expeditious disposal of the case, if there is no legal impediment. 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 :- 17.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad