HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4874 of 2026 Court No. - 78 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the applicant, learned A.G.A. and perused material on record. The present application has been filed by the applicant with prayer to direct the learned trial court to decide the trial of Computer No. 28027 of 2023 arising out of Case No. 121 of 2023, under Sections 323, 324, 504 IPC, Police Station Katghar, District Moradabad. It is submitted by learned counsel for the applicant that in this case, applicant is accused in the aforesaid case and facing hardship from the year 2023. He is attending his duty in District Bareilly and require to attend the court proceeding of every dates. Even a single prosecution witness has not been examined till now except P.W. 1. Learned trial Court has issued B.W. against prosecution witnesses but they have not turned up, therefore request to direct the learned trial court to proceed with the case expeditiously and decide it within the stipulated period of time. Learned A.G.A. has no objection in this regard. Considering the facts and circumstances of the case and submission made by learned counsel for applicant as well as learned A.G.A. and perusal of record and order sheet, it appears that in this case, the chief examination of P.W. 1 and cross examination has been deferred. Since 14.5.2025 no prosecution witness has attended the court though the learned trial court has issued B.W. Versus Counsel for Applicant(s) : Ashutosh Mishra, Ramesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Amit Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) against prosecution witnesses. In view of large number of cases pending before the learned trial court, a particular case cannot be directed to be decided within 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 make its endeavor to proceed with the case in accordance with law by adopting appropriate measure as permitted under the law for ensuring the attendance of prosecution witnesses, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. Accordingly, the present application is disposed of, finally. September 23, 2026 Anurag Singh NA529 No. 4874 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad