Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19380 Court No. - 82 Case :- APPLICATION U/S 483 No. - 147 of 2025 Applicant :- Shri Adrash Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Pal Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the Trial Court to decide the Case No.13265 of 2019 (State Vs. Lokesh Kumar) arising out of case crime no.0551 of 2018, under Sections 406, 420, 506 IPC, Police Station Kalyanpur, District Kanpur Nagar pending in the Court of Addl. Chief Judicial Magistrate-II, Kanpur Nagar, 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 this case. It is a police challani case. The case is pending since 2019. Accused is not appearing. The trail court is regularly issuing bailable warrant against the accused but however a perusal of the order-sheet shows that the warrant issued against the accused / opposite party no.2 was never returned back. The case is pending for long due to non-appearance of the accused before the court.
4. I have considered the submissions and perused the entire record.
5. The present case is pending for appearance of the accused / opposite party no.2 but he is not appearing despite several process sent to him. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own
order and to ensure the service of the process sent to the accused under its name.
6. In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the appearance of the accused person before the court within a period of three months from the date of production of certified copy of this order.
It is also directed that on the date fixed by the trial court the accused person shall appear before the Court and no adjournment or exemption for appearance will normally be granted to him on any ground whatsoever and thereafter all endeavours shall be made by the court concerned for expeditious disposal of the aforesaid case, as described above, 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 :- 5.2.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad