Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75447 Court No. - 75 Case :- APPLICATION U/S 482 No. - 3251 of 2025 Applicant :- Archana Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Mohd. Ishraque Farooqui Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Personal affidavit filed on behalf of Senior Superintendent of Police, Gorakhpur today in the Court, is taken on record.
2. Heard Mohd. Ishraque Farooqui, learned counsel for applicant and Shri Pankaj Saxena, learned A.G.A. for the State.
3. The present application has been filed to direct the learned court below/Additional Civil Judge (S.D.) Court No. 4/A.C.J.M., Gorakhpur to decide the Criminal Case No. 132738/2021, under Sections 498-A, 323, 504, 506, 406 IPC and Section 3/4 D.P. Act arising out of Case Crime No. 36 of 2021, P.S.- Mahila Thana, District- Gorakhpur.
4. In pursuance of the order dated 22.04.2025, Senior Superintendent of Police has filed his personal affidavit mentioning therein that accused Deepesh has earlier surrendered before the court below and obtained bail. It is further mentioned that in preliminary inquiry, some police officer i.e. Mr. Sudhir Kumar, Sub-Inspector found to be negligent in execution of the process of the court and inquiry has been initiated against him. Appropriate action will be taken after completion of inquiry. Therefore, compliance affidavit/personal affidavit field by Shri Raj Karan Nayyar, Senior Superintendent of Police, Gorakhpur is satisfactory.
5. From the perusal of record, it appears that proceeding of question has been pending since 2021 and applicant Deepesh had appeared before the court below in December, 2024 and in that reason proceeding could not be proceeded further.
6. Though, the Apex Court in the case of High Court Bar Association, Allahabad Vs. State of Uttar Pradesh and others, Criminal Appeal No.3589 of 2023, has observed that High Courts should not direct the District Courts to conclude the trial in time bound manner but present complaint case relates to the offence
against women, therefore, court below is directed to decide the aforesaid case expeditiously, without granting any unnecessary adjournment to either of the parties.
7. With the aforesaid observation/direction, present application is
disposed of.
Order Date :- 9.5.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad