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2026 DAILYLAW 11328 (ALL)

RAMESH KUMAR v. STATE OF UP AND ANOTHER

NA529/4647/2026 · 2026-09-28

Subhash Chandra Sharma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4647 of 2026 Court No. - 78 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record. The present application has been filed by the applicant with a prayer to allow this application and direct the learned Chief Judicial Magistrate, Jhansi to decide the Criminal Case No. 794 of 2018 (State Vs. Ramesh Kumar and others) arising out of Case Crime No. 309 of 2015 under Section 419, 420, 467, 468, 471 I.P.C., at Police Station Sipri Bazar District Jhansi, pending before the Court of Chief Judicial Magistrate, Jhansi, within stipulated of time. It is submitted by learned counsel for the applicant that he is accused in the aforesaid case that is pending before the learned trial court from the year 2018 and till now even a single prosecution witness has not been examined though charge was framed in the year 2019, therefore, request to direct the learned trial court to proceed with the case and decide the case expeditiously within a stipulated period of time. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case and submissions made by learned counsel for applicant as well as learned A.G.A. and perusal of record, the order sheet of the case, it appears that this case is pending from the year 2019 and charge was also framed against the accused in the year 2019 and case was fixed for prosecution evidence but witnesses are not being presented by the prosecution itself and the applicant is facing the trial. Versus Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Ramesh Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) In the circumstances of the case, keeping in view large number of cases pending before the learned trial court it cannot be directed to decide the case within a stipulated period of time unless there are exceptional circumstances those are lacking in the present case. However, it is expedient to direct the learned trial court to proceed with the case by adopting appropriate measure prescribed under the law for ensuring attendance of the prosecution witnesses and then to decide it finally, in accordance with law, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. With the aforesaid directions, the present application under Section 529 B.N.S.S. stands disposed of finally. September 29, 2026 Suraj Srivastav NA529 No. 4647 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad