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2025 DAILYLAW 74843 (ALL)

RAHUL KUMAR v. STATE OF U.P. AND ANOTHER

NA529/2253/2025 · 2025-07-17

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117109 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2253 of 2025 Applicant :- Rahul Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava 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. 2441 of 2024 under Section 379 of BNSS (340 CrPC), pending in the Court of Principal Judge, Family Court, Aligarh, 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 aforesaid case is pending since 2024. A false affidavit was said to be given by the opposite party no.2 in Case under Section 125 CrPC. In this connection an application u/s 340 CrPC (379 of BNSS) was moved by the present applicant. The said application is pending and the Court concerned is not taking proper interest in disposal of the same. It is also submitted that the opposite party no. 2 is adopting delaying tactics in disposal of the said application and only dates are being fixed in the matter. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the aforesaid application / case is pending since the year 2024. In the circumstances, the Court concerned is directed to decide the said application / case within six months from the date of production of certified copy of this order before, if there is no legal impediment and the applicant cooperates with the Court concerned. 7. 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. 8. With the above observations, the application stands disposed of. Order Date :- 18.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad