ORDER : 1. The office report is that respondent No.2 has refused to accept notice and thus, is deemed to have been served. 2. The facts of the case make a shocking reading as the allegation is of custodial death of the father of the petitioner - Late O.P. Gupta which, as per the medical report, occurred on 01.03.1997 after his arrest from Varanasi on 28.02.1997. The case was sought to be made out as one of heart attack, but the petitioner relies upon the medical report of his father dated 21.02.1997 which shows that he had a normal cardiac condition. This also did not substantiate the fact that there were ante mortem injuries on the body. On the petitioner moving an application under Section 156(3) of the Cr.P.C., the SHO, Phoolpur, Varanasi (U.P.) was directed to register an FIR and investigate the matter. 3. Case Crime No.C-37/97 was lodged under Sections 364, 304 and 506 of the IPC against respondent No.2 and other police personnel. The investigation was transferred to the SIS Branch, Varanasi and the final report dated 23.10.1998 was filed by the I.O., against which the petitioner filed a protest petition, pursuant whereto the Chief Judicial Magistrate, Varanasi rejected the closure report, accepted the protest petition and consequently issued summoning orders under Sections 364, 304 and 506 IPC and non-bailable warrants against the accused persons in terms of an order dated 05.06.2007. The order records that the investigation revealed that Late O.P.Gupta has picked up from his residence by the M.P.Police without authority of law on 28.02.1997. 4. The aforesaid summoning order was challenged by respondent No.2 before the Allahabad High Court in Criminal Miscellaneous Application No.22539 of 2007 for stay of proceedings of the case being Case No.6497 of 2007 in which notice was issued and an interim stay order was granted on 13.09.2007. The matter has continued in that position since then for the last 13 years with the criminal proceedings stayed. In fact, at one stage, orders were reserved on the proceedings on 14.02.2013, but were again listed for rehearing on 06.03.2013, which till date has not produced results. 5. The issue has also arisen as respondent No.2was then in services of the State of Madhya Pradesh. The counter affidavit of respondent No.1,State of Uttar Pradesh practically supports the stand of the petitioner. 6. 5. The issue has also arisen as respondent No.2was then in services of the State of Madhya Pradesh. The counter affidavit of respondent No.1,State of Uttar Pradesh practically supports the stand of the petitioner. 6. We thus, vacate the order dated 13.09.2007 passed in Criminal Miscellaneous Application No.22539 of 2007 by the Allahabad High Court and direct the Chief Judicial Magistrate, Varanasi to proceed with the matter in accordance with law. 7. We consider appropriate also to direct that this order be placed before the Chief Justice of the Allahabad High Court for administrative action as to why such a situation came to pass and why the trial Court order remained stayed for 13 years by an ad interim order in case of a custodial death. The Chief Justice may call upon the Registrar of the High Court to look into the matter and thereafter a report be submitted on the Administrative Side before this Court. 8. The writ petition is allowed in the above terms leaving parties to bear their own costs. 9. Needless to say, in view of this long passage of time of 13 years, the trial court will proceed with the trial almost on a day to day basis as far as possible in the given circumstances and endeavour to conclude the trial within a period of one year from its commencement. Pending applications stands disposed of.