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Neutral Citation No. - 2025:AHC:129054 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2517 of 2025 Applicant :- Shivram Opposite Party :- State of U.P. and Another Counsel for Applicant :- In Person 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 Case No. 8551 of 2018 under Section 156 (3) Cr.P.C. pending in the Court of learned Additional Chief Judicial Magistrate 04, Kanpur Nagar expeditiously within stipulated period.
2. Heard the applicant-Shivram in person as well as learned A.G.A. for the State.
3. It is submitted by the learned counsel for the applicant that the said matter was earlier pending before the competent Court at Dwarika, New Delhi and by order of the Hon'ble Supreme Court dated 23.10.2018 the said matter was transferred to the Court of District and Sessions Judge, Kanpur Nagar (U.P.) but however in the said Court no effective proceeding are going on and only dates are being fixed in the matter.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. It reveals from perusal of the record that earlier the matter under Article 227 No. 1937 of 2023 was moved by the applicant before this Court which was decided vide order dated 20.5.2024 and the learned trial Court was directed to decide the case expeditiously, however, the said order is not been yet complied with. It also reveals from perusal of the record that an application U/S 482 Cr.P.C. No. 46369 of 2019 was also moved by the applicant before this Court and direction for expeditious disposal of this case was issued by this Court vide order dated 19.12.2019 but the said order has also not been complied with.
7. In the light of the above situation, the Court concerned is strictly
directed to make all endeavours to decide the aforesaid case expeditiously preferably within a period of two months from the date of production of certified copy of this order before it, keeping in view the heavy work load in the said Court.
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 :- 1.8.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad