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2025 DAILYLAW 75274 (ALL)

BHARAT YADAV v. STATE OF U.P. AND 5 OTHERS

NA529/2235/2025 · 2025-07-16

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115829 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2235 of 2025 Applicant :- Bharat Yadav Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Kamlesh 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 Session Trial No. 581 of 2016, arising out of case crime no.198 of 2016, under Sections 3147, 148, 149, 302 IPC, Section 7 Criminal Law Amendment Act and Section 4/25 Arms Act, Police Station Pipraich District Gorakhpur, pending in the Court of Special Judge (Prevention of Corruption Act) -IV, Gorakhpur 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 is the informant in the said session trial and same is pending since long. It is also submitted that witnesses of fact have been examined and the case is pending at the stage of recording of evidence of formal witnesses. The Court concerned is not taking proper interest in disposal of the said case. PW-4, doctor is not turning up before the Court to complete his evidence. 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 said case pertains to the year 2016 and is pending at the stage of recording of the evidence of witnesses. The case falls within the category of 'critically old cases'. In the circumstances, the trial court is directed to make all possible efforts to dispose of the case under reference as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order before it, without granting unnecessary adjournments to either of the parties, if there is no other legal impediment. 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 :- 17.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad