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2025 DAILYLAW 12776 (ALL)

MAMTA v. STATE OF U.P. AND 5 OTHERS

NA528/3961/2025 · 2025-05-04

Arun Kumar Singh Deshwal

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:71763 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 3961 of 2025 Applicant :- Mamta Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ashish Kr. Singh, learned counsel for the applicant and Sri Rajeev Kr. Singh, learned A.G.A. for the State. 2. The instant application has been filed to direct the trial court to decide the criminal Case No. 9514 of 2021, arising out of case crime No. 393 of 2021, under Sections 498A, 323, 506 IPC and 3/4 D.P. Act, P.S. Pilkhuwa, District Hapur. 3. Contention of learned counsel for the applicant is that the applicant is the first informant and the impugned proceeding has been pending since 2021. Though charges have been framed, because of the non cooperation of the accused persons the proceeding could not be proceeded further. 4. Though the Apex Court in the case of High Court Bar Association Allahabad vs. State of U.P. and others; Criminal Appeal No. 3589 of 2023 has observed that the constitutional Courts should not normally fix a time-bound schedule for disposal of cases pending in any court and again in the recent judgement in Sangram Sadashiv Suryavanshi vs. State of Maharastra; 2024 SCC OnLine SC 3526, the Apex Court reiterated the guidelines laid down in High Court Bar Association Allahabad (supra). However, considering the fact that the present case arises out of the offence against women which has been pending since 2021, the court below is directed to conclude the trial of the aforesaid case as expeditiously as possible, without giving unnecessary adjournment to any of the parties. 5. It is further provided that for ensuring presence of the accused, the court below may adopt coercive measures. 6. With the aforesaid direction, the application is disposed of. Order Date :- 5.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad