Balvinder Singh v. State of U.P & Anr.

Hon'ble Nalin Kumar Srivastava,J.

#1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide the Application under Section 245(1) C.P.C. filed by the applicant in Complaint Case No. 2072 of 2003 (Karanjeet Vs. Prem Singh and others), under Sections 420, 467, 468, 471 I.P.C., Police Station Swar, District Rampur, pending before the learned Additional Civil Judge (Junior Division), Rampur, expeditiously within a stipulated period.

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

#3. It is submitted by the learned counsel for the applicant that the applicant is co-accused of the present case. It is further submitted that the complaint was filed in the year 2003 and the applicant and two other accused persons were summoned by the learned trial court vide order dated 10.10.2003. It is next submitted that since during proceedings of trial, the complainant was not appearing before the court and no evidence was adduced by him, the main accused namely Prem Singh was discharged by the trial court vide order dated 11.02.2019. It is also submitted that since the complainant was not appearing in the court, the applicant also moved discharge application dated 05.12.2024, under Section 245(1) Cr.P.C. before the trial court which is still pending for disposal.

#4. Learned A.G.A. opposed the prayer.

#5. I have considered the submissions and perused the record.

#6. In the facts and circumstances of the case, the learned trial court is directed to decide the discharge application under Section 245(1) Cr.P.C. moved by the applicant in Complaint Case No. 2072 of 2003 (Karanjeet Vs. Prem Singh and others), under Sections 420, 467, 468, 471 I.P.C., Police Station Swar, District Rampur, pending before the learned Additional Civil Judge (Junior Division), Rampur within a period of three months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties and keeping in view the heavy workload in the said court, if there is no legal impediment.

#7. It is also made clear that the Court/Presiding Officer is not the only stake holder in 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 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.

#8. With the above observations, the application stands disposed of. Order Date :- 14.5.2025 Rmk.