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2025 DAILYLAW 16390 (ALL)

MUMTAJ BEGUM v. STATE OF U.P. AND 2 OTHERS

NA529/369/2025 · 2025-03-02

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29630 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 369 of 2025 Applicant :- Mumtaj Begum Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Imtiyaj Ali,Izharul Haque Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Case No. 244 of 2019, arising out of case crime no. 0288 of 2018, under Sections 504, 506, 420, 406 IPC, Police Station Colonelganj, District Prayagraj pending in the Court of Special Chief Judicial Magistrate, Allahabad 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 complainant of the aforesaid case. The case is pending at the stage of framing of charge and the accused persons are applying delaying tactics. They are not appearing before the Court together and only dates are being fixed. It is also submitted that an application U/S 482 No. 18942 of 2019 has been preferred by the accused persons which is still pending and no effective order has been passed so far. The case is very old. The court concerned is not taking proper interest in disposal of the case. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the order sheets that the said case had been kept pending at the stage of framing of charge as the accused persons are not appearing before the Court together. They have obtained bail. In the circumstances, the Court concerned is directed to frame charge in this case as per law within two months from the date of production of certified copy of this order before it. It is also directed that on the date fixed by the trial court all the accused persons shall appear before the Court and no adjournment or exemption for appearance will be granted to any of the accused persons on any ground whatsoever and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. 6. 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 executive authorities, counsels, 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. 7. With the above observations, the application stands disposed of. Order Date :- 3.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad