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Neutral Citation No. - 2025:AHC:13724 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2514 of 2024 Applicant :- Smt. Bindu Mishra Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Abhishek Kumar Shukla,Aklesh Kumar 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. 64 of 2022, arising out of Case Crime No. 404 of 2019 under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Prayagraj pending in the Court of Additional Chief Judicial Magistrate (JD)-21, Prayagraj, 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 present case is pending at the stage of appearance of the opposite party no.2. It is also submitted that the opposite party nos. 3,4 and 5 appeared before the Court and were bailed out. It is a case of matrimonial dispute and the victim is a lady. It is also submitted that the opposite party no.2- husband is a practicing Advocate at District Pratapgarh and the Court passed the order issuing punitive process against him but the said process is not served upon him.
4. I have considered the submissions and perused the entire record.
5. It reveals from the perusal of the order sheets that the present case is pending at the stage of appearance of the opposite party no.
2. Punitive processes were issued against him but the same were not served upon him. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same in the law itself. 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.
6. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the opposite party no.2 by sending appropriate process to him within one month 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 preferably within a period of two years, 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 executive authorities, counsels, 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.
8. With the above observations, the application stands disposed of.
Order Date :- 27.1.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad