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2025 DAILYLAW 75528 (ALL)

SURYA PRATAP SINGH RAWAL v. STATE OF U.P. AND 2 OTHERS

NA529/2228/2025 · 2025-07-16

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115872 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2228 of 2025 Applicant :- Surya Pratap Singh Rawal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Mishra,Shri Krishna Mishra 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 Criminal Misc. Case No. 116 of 2023 under Section 156 (3) Cr.P.C., P.S.- Dadri, District- Gautam Budh Nagar pending before Additional Chief Judicial Magistrate-II, Gautam Buddh Nagar 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 applicant before this Court is the applicant in the application under Section 156(3) Cr.P.C. which is pending since 2023. It is further submitted that even after a long time the present application was pending and the trial Court is not taking any interest for expeditious disposal of the case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It appears from perusal of the record that the learned Magistrate has sent the matter for a preliminary inquiry to Chief Medical Officer and District Magistrate, Gautam Buddh Nagar and the inquiry report is still awaited and some correspondence is also made by the learned trial Court. 7. In the circumstances, the Court concerned is directed to obtain the inquiry report from the Chief Judicial Magistrate and District Magistrate concerned preferably within two months from today and thereafter proceed to decide the application without any unnecessarily delay, in accordance with law. 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