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2025 DAILYLAW 16349 (ALL)

SMT PRIYA v. STATE OF UP AND 6 OTHERS

A483/256/2025 · 2025-04-22

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61525 Court No. - 80 Case :- APPLICATION U/S 483 No. - 256 of 2025 Applicant :- Smt Priya Opposite Party :- State Of Up And 6 Others Counsel for Applicant :- Pankaj Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Case No. 2321 of 2023 arising out of case crime no. 94 of 2023, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Visharatganj, District- Bareilly pending in the Court of Additional Civil Judge (S.D.) Court No.5, Bareilly 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 is the informant in the aforesaid case and in the said case charge sheet has been filed and the Court concerned took cognizance thereon. It is further submitted that the Court concerned is not taking proper interest to ensure the appearance of the said accused before it. It is also submitted that the case is pending still at the stage of appearance. The trial court is not taking any interest for disposal of the case. 4. I have considered the submissions and perused the entire record. 5. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2023. The accused persons have not appeared before the Court so far. 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 circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 7 by sending appropriate process to them within three months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 etc. 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 :- 23.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad