Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:122708 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2395 of 2025 Applicant :- Indrawati Nishad Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Pushpendra Kumar 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 Case No. 3262 of 2022 arising out of case crime no. 827 of 2019, under Sections 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Lanka, District- Varanasi pending in the Court of Additional Chief Judicial Magistrate IIIrd, Varanasi 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 in the aforesaid case. It is further submitted that the matter is pending since 2020 and out of 5 accused persons only 1 has appeared before the trial Court. The matter is pending unnecessarily at the stage of appearance of the accused persons. The trial court is not taking any interest for disposal of the case.
4. I have considered the submissions and perused the entire record.
5. The accused persons have not appeared before the Court so far. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and
order in order to procure the presence of the accused.
6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused persons / opposite parties by sending appropriate process to them within two months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, keeping in view the heavy work
load in the said Court.
7. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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 :- 25.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad