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Neutral Citation No. - 2025:AHC:114665 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2203 of 2025 Applicant :- Smt. Priya Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- K.P. Verma Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. The present application under Section 529 BNSS has been filed with a prayer to direct the Additional Civil Judge (SD), Court No.5, Ghaziabad to decide the Case No. 119 of 2016, under Section 406 IPC, Police Station Muradnagar, District Ghaziabad expeditiously within a stipulated period. 2. Heard learned counsel for the applicant, learned AGA and perused the material available on record. 3. It is submitted by learned counsel for the applicant that the applicant is informant in the said case. It is also submitted that the matter is pending at the stage of evidence of the accused. It is next submitted that no sincere efforts are being made by the Court concerned to decide the said case. It is further submitted that the opposite party no.2 is applying delaying tactics in disposal of the said case. 4. A perusal of the copies of the order sheets goes to show that the aforesaid case was filed in the year 2016. The matter falls within the category of 'critically old cases'. It also appears that the matter is pending at the stage of evidence of accused / opposite party no.2. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under law itself. The trial court is expected to invoke its power to ensure service of process upon the opposite party no.2 and other witnesses, which is sent under its seal and order in order to procure his presence. 5. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party no.2 / accused by sending appropriate process to him as early as possible and record his evidence and thereafter all
endeavours shall be made by it for expeditious disposal of the case, preferably within a period of six months, if there is no legal impediment. 6.
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. 7. With these observations, the application is finally disposed of. Order Date :- 16.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad