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Neutral Citation No. - 2025:AHC:118028 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2296 of 2025 Applicant :- Pankaj Rao Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandip Kumar Pandey 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 Case No. 1888 of 2023, arising out of case crime no. 121 of 2023, under Sections 420, 406, 376, 504, 506 IPC, Police Station Sadar Bazar, District Saharanpur, pending in the Court of Additional Sessions Judge /FTC-II, Saharanpur 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 accused in the said case and same is pending since
2023. It is also submitted that the opposite party no.2 / informant is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The matter is pending at the stage of evidence of the opposite party no.2/ informant The Court concerned is not taking proper interest in disposal of the said case. 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 case is pending at the stage of evidence. Informant and other witnesses are not turning up for evidence causing unnecessarily delay in the trial. 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 the 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 and record the evidence of informant / opposite party
no.2 within two months from the date of production of certified copy of this order before it and thereafter make all possible efforts to dispose of the case under reference as expeditiously as possible, 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 :- 21.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad