Neutral Citation No. - 2025:AHC:38120 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6516 of 2025 Applicant :- Smt Priti Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Personal affidavit filed by Sri Saurabh Dixit, Superintendent of Police, Firozabad is taken on record. 2. This Court on 27.2.2025 proceeded to pass the following order:- 1. Heard Sri Rajesh Kumar, learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A. for the State. 2. The instant application has been has been filed to issue a direction to learned Civil Judge (Junior Division), Shikohabad, Firozabad to expedite the proceeding of Complaint No. 2847 of 2017 (State Vs. Rohit Kumar and others), under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Shikohabad, District-Firozabad within a stipulated time. 3. The learned counsel for the applicant submits that though the trial of the proceedings under Section 498A filed by the applicant is pending since 2017 but could not be concluded for the reasons that the accused have not been cooperating in the trial. It is further submitted that the trial is pending at the stage of Section 244 Cr.P.C. It is further submitted that though the opposite party no.2 initially obtained bail in the year 2020 but thereafter he kept on seeking adjournment. Thereafter court below issued non bailable warrant against him, even then the presence of accused could not be ensured. 4. From perusal of order sheet it appears that the non bailable warrant against the opposite party no.2 has been issued on 4.1.2024 which was repeated on 20.1.2024, 20.2.2024, 25.3.2024, 1.5.2024, 3.6.2024, 5.7.2024, 19.7.2024, 21.8.2024, 19.9.2024, 23.10.2024, 6.11.2024, 12.12.2024, 4.1.2024 but till date opposite party no.2 has not appeared before the court below and for that reason the trial could not be proceeded further. 5. The above facts shows that due to negligence on the part of the police, despite issuance of non bailable warrant against the opposite party no.2 same was not executed and for that reasons presence of opposite party no.2 could not be ensured. Therefore, Superintendent of Police, Firozabad is directed to file his personal affidavit mentioning the reason why the non bailable warrant has not been executed against the opposite party no.2 issued in Complaint Case No. 2847 of 2017 (State Vs. Rohit Kumar and another) under Sections 498A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act by Civil Judge, Junior Division, Shikohabad/Firozabad. 6. The District Judge, Firozabad is also directed to submit his report whether the non bailable warrant issued against the opposite party no.2 (Rohit Kumar) on 4.1.2024 and on subsequent date also has been actually dispatched or handed over to concerned police officer for execution. 7. Put up this case as fresh on 18th March, 2025. 8. Registrar (Compliance) is directed to sent copy of this order to Superintendent of Police, Firozabad as well as District Judge, Firozabad. 3. The personal affidavit of Superintendent of Police, Firozabad which has been served upon the learned counsel for the applicant recites in para-19 that the opposite party no.2 Rohit Kumar has been arrested from Delhi on 17.3.2025 and the next date fixed in the complaint case no.2847 of 2017 is 25.3.2025. 4. Primarily, the sole prayer made in the present application is to direct the Court of learned Civil Judge (Junior Division), Shikohabad, Firozabad to expedite the proceedings Complaint Case No.2847 of 2017 (State vs. Rohit Kumar and others), under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Shikohabad, District Firozabad. 4. Learned counsel for the applicant thus submits that a direction be issued to the court below to expedite the proceedings within a time bound period. 5. Learned AGA has no objection to the same. 6. Considering the fact that the accused opposite party no.2 stands arrested and further the prayer is for expeditious disposal of the proceedings of the complaint case no. 2847 of 2017 thus, this Court does not deem it proper to detain the present application on board, accordingly, the application is disposed of requiring the court below to expeditiously decide the proceedings strictly in accordance with law without granting unnecessary adjournments and, in case, any adjournment is granted then the same should be in exceptional circumstances in this regard, subject to legal impediment, if any. Order Date :- 18.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad