Neutral Citation No. - 2025:AHC-LKO:38211 Court No. - 27 Case :- APPLICATION U/S 482 No. - 5450 of 2025 Applicant :- Smt. Sushma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Kapil Dev Srivastava,Deepak Kumar,Vikas Dutt Dixit Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant and learned AGA appearing for the State. Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:- "For the facts, reasons and circumstances, as mentioned in the accompanying affidavit, it is respectfully prayed that this Hon'ble Court may kindly be pleased direct the learned Upper Civil Judge (JD) FTC (LAW) Unnao, District Unnao, for adopting for further procedure in pursuance of the order dated 05.10.2024 passed by himself by which learned court issued the procedure under section 83 Cr.P.C. against the Opp. Party No. 2, in the interest of justice." Brief facts of the case are that an FIR dated 05.06.2018 has been lodged under Sections 498-A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961 by the applicant against nine named accused persons and one unknown person alleging therein that she has been harassed by the named accused persons for dowry demand. In the said case, the police after the investigation has filed the charge sheet only against the respondent nos. 2 & 3 and dropped the names of other co-accused persons. The court took cognizance and issued summons against the respondent nos. 2 & 3. The respondent nos. 2 & 3 had appeared and they had been granted interim bail by the court and thereafter, they stopped appearing before the court below. The court after adopting all the procedure that a bailable warrant and non bailable warrant along with Section 82 Cr.P.C. and lastly on 05.10.2024, an order has been passed under Section 83 Cr.P.C. thereafter, six dates have been fixed but neither the respondents are appearing nor the court is proceeding any further and repeatedly passing the same order and feeling aggrieved by the same, the present application has been preferred. The last order, which has been passed on 09.06.2025 is quoted hereinbelow:- "9/6/25 ववाद पपुकवार गयवा। अभभियपुक्तगण गगैर हवाभज़िर हगै। ववाद भदनवानांक 1.7.25 कको ववास्तते हवा० पतेश हको। अभभियपुक्तगण कते भवरुद NBW + 82 + 83 Cr.P.C. नकोभटिस समन ववास्तते जवाररी हको। " On being asked from the learned counsel for the applicant whether the applicant has moved any application before the trial court to pass an appropriate order since the issuance of the notice under Section 83 Cr.P.C. on 05.10.2024 more than eight months have been passed neither the accused persons are appearing nor any further order has been passed so, the learned counsel for the applicant has submitted that no such application has been moved/preferred by the applicant before the trial court and due to the pendency of the case, the applicant/informant is deprived of from getting justice. It is further submitted that liberty may be given to the applicant to move an appropriate application for passing appropriate orders for ensuring the appearance of the accused persons and by passing an order under Section 83 of the Cr.P.C. for attachment of the property and the same may be decided within a stipulated time, as this Court may fix. 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 applicant who is the complainant is unable to get justice against the alleged accused persons and they are not appearing before the trial court after grant of interim bail and the trial court after passing of the order dated 05.10.2024 under Section 83 Cr.P.C. repeatedly passing the same order time and again whenever the case is fixed/listed and as such, on the request of learned counsel for the applicant, the present application is disposed of with a liberty to the applicant to move an appropriate application before the court below, who may consider for passing an order for attachment of the property under Section 83 of the Cr.P.C. in place of simply issuing notice and make every endeavour to decide the application, if any, filed by the applicant, expeditiously in accordance with law. Order Date :- 7.7.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench