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2025 DAILYLAW 113330 (ALL)

ASHMA KHATOON v. STATE OF U.P. AND 3 OTHERS

A483/2522/2024 · 2025-01-20

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13856 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2522 of 2024 Applicant :- Ashma Khatoon Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Narsingh Pandey 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 Complaint Case No.2165 of 2014 (Ashma Khatoon Vs. Samshullah and others) under Sections 498-A, 323, 504 IPC and 3/4 Dowry Prohibition Act, Police Station Paikoliya, District Basti pending in the Court of Judicial Magistrate (Crime Against Women), Fast Track Court, Basti, expeditiously within 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 complainant in the said complaint case and same is pending since 2014. Cross-examination of the complainant has to be conducted by the defence but the accused persons are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The case is at the stage of evidence under Section 246 Cr.P.C. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the said complaint case is pending since the year 2014. Charges have been framed in the matter. The case is at the stage of recording the evidence under Section 246 Cr.P.C. In the circumstances, the Court concerned is directed to make all endeavours for the expeditious disposal of the case preferably within a period of six months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted to either of the parties. 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 :- 21.1.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad