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2025 DAILYLAW 13096 (ALL)

SMT. ROHINI @ KAVITA KASHYAP v. STATE OF U.P. AND 2 OTHERS

NA529/226/2025 · 2025-04-01

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:45896 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 226 of 2025 Applicant :- Smt. Rohini @ Kavita Kashyap Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Singh Sengar,Raja Singh Parihar,Vijay Singh Sengar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide the Complaint Case No. 1252 of 2022 (Smt. Rohini @ Kavita Kashyap Vs. Ramdev and others), under Sections 498A, 323 I.P.C. and 4 Dowry Prohibition Act, Police Station Achhalda, District Auraiya, 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 before this Court is complainant. This case relates to the year 2022 and summoning order was passed on 26.06.2023 but the accused opposite party nos. 2 and 3 are not appearing before the court and case is still pending at the stage of appearance of the accused-opposite party nos. 2 and 3. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. It reveals from the perusal of the order sheets that the present case is pending at the stage of appearance of the opposite party nos. 2 and 3. Summoning order was passed on 26.06.2023 against them but they are not appearing in the court. 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 facts and circumstances of the case, the learned trial court is directed to take effective steps for procuring the presence of the accused-opposite party nos. 2 and 3 within a period of two months from today and to make all the endeavours for expeditious disposal of Complaint Case No. 1252 of 2022 (Smt. Rohini @ Kavita Kashyap Vs. Ramdev and others), under Sections 498A, 323 I.P.C. and 4 Dowry Prohibition Act, Police Station Achhalda, District Auraiya, 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 execution authorities, advocates, 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. 8. With the above observations, the application stands disposed of. Order Date :- 2.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad