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2025 DAILYLAW 26499 (ALL)

SMT. NEELAM SINGH ALIAS NEELAM DEVI v. STATE OF U.P. AND ANOTHER

NA529/417/2025 · 2025-03-05

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32475 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 417 of 2025 Applicant :- Smt. Neelam Singh Alias Neelam Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Tiwari 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. 1126 of 2020, arising out of case crime no. 540 of 2018, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Ghatampur, District Kanpur Dehat pending in the Court of Civil Judge (Junior Division) Ghatampur, Kanpur Nagar 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 aggrieved wife and case in hand pertains to the year 2020. Summoning order was passed on 18.2.2020 and since then after a lapse of almost 6 years the trial is still going on at the stage of appearance of opposite party no. 2, who is not appearing before the Court and due to her non-appearance the case is pending unnecessarily without any proper and effective proceeding. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of opposite party no.2. The accused / opposite party no.2 has not appeared before the Court so far. The trial court is expected to invoke its power provided under CrPC to ensure service of process upon the accused person, which is sent under its seal and order in order to procure the presence of the accused. 7. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 by sending appropriate process to her and to ensure the actual compliance by the office of its own orders 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. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 6.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad