Damodar Prasad Pandey vs State of U.P. and Another

It is submitted on behalf of learned Counsel for the applicant that the aforesaid case is pending since 2005, and other accused have not appeared before the learned trial court, therefore, his case is unnecessarily lingering on. It is further submitted that he had filed application before the learned trial court to separate his case from other co-accused and the same has also not been disposed of by the learned trial court.

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Learned Counsel for the applicant has filed certified copy of order sheet of the learned trial court which shows that the learned trial court is conducting the trial of this case in a very casual and irresponsible manner. On most of the order-sheets the signature of the presiding officer are not there. A perusal of order-sheet upto 10.03.2022 shows that applicant/ accused Damodar Prasad Pandey was appearing either personally or through counsel and NBW was issued against the rest of the accused. Order-sheet dated 18.07.2022 shows that applicant Damodar Prasad Pandey had appeared through counsel and the next fixed as 13.09.2022 for evidence and NBW was issued against the witnesses through letter to S.P. It was also mentioned that last opportunity to the prosecution was given.

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The above order-sheet does not bear the signature of the presiding officer of the court. The order-sheet does not show that all the accused had appeared

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NA528 No. 33493 of 2025

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2

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before the learned trial court and charged was framed earlier by the court.

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Therefore, it appears that the learned trial court without seriously looking at the stage of the case, in a casual manner fixed the case for evidence and issued NBW to the witnesses straightway and also has given last opportunity to the prosecution. The same order-sheet continued on 13.09.2022, 08.02.2023, 09.01.2023 and 23.02.2023. On 04.03.2023 NBW was issued against Akhilesh and Daan Bahadur, though, there is no evidence that they had earlier appeared before the learned trial court and had been enlarged on bail.

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Since then, the order-sheet again mentioned that applicant/ accused Damodar Prasad Pandey, is appearing through counsel and the rest of the accused are absent and NBW was issued against them. It shows that for about 20 years this case is pending and the learned trial court is not taking the proceeding of the case seriously and in casual manner order-sheet are drawn, where same of the order-sheets also does not bears the signature of the presiding officer of the court.

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The applicant has filed a copy of the application dated 24.12.2019 with the prayer to the court to separate his file/ case and frame charge against him. It is submitted that the above application is pending since last 6 years and the learned trial court has not passed any order over it.

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Let an explanation be called from the presiding officer of the learned trial court i.e. Additional Chief Judicial Magistrate, Ist, District- Basti, within 10 days from today, to explain under what circumstances, the proceedings of the case are being done in a very casual and irresponsible manner and why the application of the applicant was not decided till date, though 6 years have lapsed since the application was moved before the learned trial court.

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Put up on 26th February, 2026, as fresh.

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Registrar (Compliance) is directed to communicate this order to the Additional Chief Judicial Magistrate, Ist, Basti, through District and Sessions Judge, District- Basti, within 48 hours.

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February 3, 2026 AdityaG

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(Sanjiv Kumar,J.)

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Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad

Damodar Prasad Pandey v. State of U.P. and Another

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Damodar Prasad Pandey v. State of U.P. and Another

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