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2025 DAILYLAW 135871 (ALL)

SMT. ANA ALAM v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS

A483/344/2025 · 2025-04-23

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23036 Court No. - 14 Case :- APPLICATION U/S 483 No. - 344 of 2025 Applicant :- Smt. Ana Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Aditya Prakash,Anshul Verma,Surya Prakash Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard Shri Aditya Prakash and Shri Anshul Verma, learned counsel appearing for the applicant and learned AGA for the State. Present case has been preferred under Section 483 Cr.P.C./529 B.N.S.S. with following main relief:- " a) Direct the learned Chief Judicial Magistrate, Lucknow to expeditiously dispose of Case No. 30681 of 2022, titled as State Vs. Shakeel Ahmad and others, PS Gomti Nagar, preferably within a period of three months; b) Direct the opposite parties to cooperate in the expeditious disposal of the proceedings and refrain from seeking unnecessary adjournments." The brief facts of the present case are that an FIR has been lodged by the applicant under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act, Police Station Gomti Nagar, District Lucknow against her husband, mother-in-law and brother-in-law. It is further submitted that the charges in the trial has yet not been framed against the accused applicants. It is further submitted that after granting bail to the respondents on 21.02.2023, the case was listed on about 31 dates and out of which on 14 dates, the accused persons moved an application for exemption from appearance, which was simply granted by the Court concerned. Learned Counsel for the applicant has submitted that due to leniency shown by court concerned by allowing the application for exemption from appearance moved on behalf of accused persons, the proceedings are being intentionally dragged on causing harassment to applicant. On the other hand, learned AGA is unable to dispute the submissions made by learned counsel for the applicant. After hearing learned counsel for the parties and going through the record of the case, it is found that the submissions put forth by learned counsel for the applicant is correct that the court concerned has allowed the applications for exemption from appearance moved by accused persons almost on 14 dates out of 21 dates, causing harassment to the applicant. As such, the present application is disposed of with a direction to the court concerned to make endeavour to decide the Case No. 30681 of 2022 (State Vs. Shakeel Ahmad and others) expeditiously, in accordance with law, without granting any unnecessary adjournment and exemption from appearance shall not be granted in a routine manner, if any adjournment is necessary sought by either of the parties, only short dates may be given. Order Date :- 23.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench