Paljhan Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Paljhan Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the court concerned to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 5 by sending appropriate process within three months from the date of production of a certified copy of the order, and thereafter to make all endeavours for expeditious disposal of the case; all stake holders (police, execution authorities, advocates, parties, staff) bound to assist the Court.

Issue for consideration

Whether the court concerned (Judicial Magistrate, Mau) should be directed to decide Case No. 27214 of 2024, pending since 2024 at the stage of summoning, expeditiously within a stipulated period.

Court's answer

The Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 5 by sending appropriate process to them within three months from the date of production of a certified copy of the order, and thereafter to make all endeavours for expeditious disposal of the case, keeping in view the heavy work load in the said Court.

Ratio / Principle

Besides the Presiding Officer, all stake holders i.e. police and execution authorities, advocates, parties to the case, staff etc. are also made bound by the order, and it is their responsibility to assist the Court in every manner for expeditious disposal of the case.

Key takeaways

The trial court is expected to invoke its power to ensure service of process upon the accused persons, sent under its seal and order, in order to procure their presence.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Nalin Kumar Srivastava, J.; Order Date 9.7.2025) disposed of an application under Section 529 BNSS filed by the informant Paljhan seeking a direction for expeditious disposal of Case No. 27214 of 2024, arising out of case crime no. 167 of 2024, under Sections 308 and 504 IPC, Police Station Muhammadabad Gohna, District Mau, pending before the Learned Judicial Magistrate, Mau since 2024 at the stage of summoning, the accused persons not having appeared so far. Noting that an earlier Application U/S 528 BNSS remained undecided and no Section 482 Cr.P.C. petition was pending, the Court directed the trial court to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 5 by sending appropriate process within three months from production of a certified copy of the order, and thereafter to make all endeavours for expeditious disposal keeping in view the heavy work load. The Presiding Officer, police and execution authorities, advocates, parties and staff were all made bound by the order to assist in expeditious disposal.

Neutral Citation No. - 2025:AHC:108670

Court No. - 83

Case :- APPLICATION U/S 529 BNSS No. - 1363 of 2025

Applicant :- Paljhan Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Harikrishna Rajesh Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Case No. 27214 of 2024 arising out of case crime no. 167 of 2024, under Sections 308 and 504 IPC, Police Station - Muhammdabad Gohna, DistrictMau pending in the Court of Learned Judicial Magistrate, Mau expeditiously within a stipulated period.

Heard learned counsel for the applicant as well as learned A.G.A. for the State.

It is submitted by the learned counsel for the applicant that the applicant is the informant in the aforesaid case which is pending since 2024. It is further submitted that the aforesaid case is pending at the stage of summoning of the accused persons. It is further submitted that no application under Section 482 Cr.P.C. is pending before this Court rather an Application U/S 528 BNSS was moved whereupon no order has been passed so far. The trial court is not taking any interest for disposal of the case.

I have considered the submissions and perused the entire record.

It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2024. The accused persons have not appeared before the Court so far. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused.

In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 5 by sending appropriate process to them within three months from the date of production of certified copy

of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, keeping in view the heavy work load in the said Court.

It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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.

With the above observations, the application stands disposed of.

Order Date :- 9.7.2025 Fhd

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad