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2025 DAILYLAW 93808 (ALL)

MANAWWAR v. STATE OF U.P. AND ANOTHER

NA529/3329/2025 · 2025-09-14

Shekhar Kumar Yadav

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3329 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 2. By means of this application, the only prayer made by the applicant is that a direction be issued to the court of Additional Session Judge/F.T.C.- 2nd, Bijnor/trial court to decide the S.T. No.814 of 2023 (State Vs. Asgar and others) arising out of Crime No.360 of 2022 under section 307, 323, 452, 504, 506, 420/34, 465, 468, 471 1.P.C. at P.S.- Najibabad, District- Bijnor alongwith its cross case bearing criminal case no.4140 of 2023 (State Vs. Akbar and others) arising out of crime no.361 of 2022 under section 452, 323, 504, 506 I.P.C. P.S.-Najibabad, District- Bijnor and to decide both the cases together on the same day in the light of settled principle of law established by the Hon'ble Apex Court in the case of "Sudhir and others Vs. State of M.P." and "State of M.P. Vs. Mishri Lal and another" and direct to the trial court to call the record of Criminal Case No.4140 of 2023 (State Vs. Akbar and others) arising out of Crime No.361 of 2022 under section 452, 323, 504, 506 I.P.C. P.S.- Najibabad, District-Bijnor pending before Civil Judge (Junior Division)/Judicial Magistrate, Najibabad, District-Bijnor, for disposal of both the cross cases together or direct to trial court/ Additional Session Judge/F.T.C.-2nd, Bijnor to hear and decide the application dated 13.08.2025 filed by the applicant and other persons in S.T. No.814 of 2023 (State Vs. Asgar and others) under section 307, 323, 452, 504, 506, 420/34, 465, 468, 471 I.P.C. at P.S.- Najibabad, District- Bijnor, expeditiously within a short Versus Counsel for Applicant(s) : Bhuvnesh Kumar Singh Counsel for Opposite Party(s) : G.A. Manawwar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) stipulated period. 3. I do not find any ground to pass such order looking to the fact that number of cases are pending before the trial court waiting for its logical conclusion and in the circumstances, no such direction can be issued to decide a particular case within a stipulated time. However, it is expected that the court below shall consider and decide of the matter pending before it in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible. 4. With the aforesaid, the present application stands disposed of. September 15, 2025 Krishna* NA529 No. 3329 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad