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2025 DAILYLAW 75657 (ALL)

SAHAB LAL VISHWAKARMA v. STATE OF U.P. AND ANOTHER

NA529/2233/2025 · 2025-07-16

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115862 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2233 of 2025 Applicant :- Sahab Lal Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 of BNSS has been filed with a prayer to direct the court concerned to decide the Session Trial No. 48 of 2024, arising out of Case Crime No.02 of 2019 under Sections 323, 506, 366, 376, 308 IPC, Police Station Busa, District Jaunpur, pending before the Additional Sessions Judge/FTC 1st, Jaunpur expeditiously within a 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 of the said case. It is also submitted that only two prosecution witnesses have been examined so far before the trial court. It is also submitted by the learned counsel for the applicant that though the case relates to the sexual offence but the trial of the matter is still pending at the stage of appearance of the witnesses. The Court concerned is not taking proper interest to decide the said session trial. 4. I have considered the submissions and perused the entire record. 5. A perusal of the record shows that the case is pending for recording of the evidence and so far only two witnesses have been examined before the trial court. 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 witnesses, which is sent under its seal and order in order to procure their presence. 6. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the witnesses by sending appropriate process to them as early as possible and thereafter all endeavours shall be made by it for expeditious disposal of the case, preferably within a period of one year from the date of production of certified copy of this order before it, if there is no 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