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2025 DAILYLAW 110110 (ALL)

ARTI DEVI v. STATE OF U.P. AND 5 OTHERS

A483/2352/2024 · 2025-01-09

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6740 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2352 of 2024 Applicant :- Arti Devi Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Case No.2363 of 2018 (State Vs. Shani Seth and others) arising out of case crime no.210 of 2017, under Sections 498-A, 323, 506, 354 IPC and 3/4 Dowry Prohibition Act, Police Station Adampur, District Varanasi pending in the Court of Civil Judge (J.D.-II), Varanasi, 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 the informant/victim of the aforesaid case. The case is pending since 2018. In this matter, charge-sheet was submitted against the accused persons on 11.10.2018 and after cognizance, process were issued against the accused persons. The accused persons are not appearing before the court concerned. They have been cautioned even by the court but they are not appearing, as a result of which, no charge has been framed as yet against the accused persons and only dates are being fixed by the trial court. In these circumstances, a prayer has been made to direct the court concerned for expeditious disposal of the case after framing the charge without any unnecessary adjournment. 4. Learned A.G.A. opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. Since the case is pending since 2018 and cognizance was taken by the court way back on 11.10.2018, it is very strange that ever after a lapse of about 6 years, charges have not been framed as yet in this case. 7. In these circumstances, the Court concerned is directed to ensure the appearance of the accused persons and to frame charge in this case as per law within three months from the date of production of certified copy of this order before it. It is also directed that on the date fixed by the trial court all the accused persons shall appear before the Court and no adjournment or exemption for appearance will be granted to any of the accused persons on any ground whatsoever and thereafter all endeavours shall be made by it for expeditious disposal of the case within two years, if there is no legal impediment. 8. 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 executive authorities, counsels, 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. 9. With the above observations, the application stands disposed of. Order Date :- 9.1.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad