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2025 DAILYLAW 26897 (ALL)

SMT. PARUL v. STATE OF U.P. AND ANOTHER

NA529/430/2025 · 2025-03-09

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34678 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 430 of 2025 Applicant :- Smt. Parul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. The present application under Section 529 BNSS has been filed with a prayer to direct the Chief Judicial Magistrate, Hapur to decide the Complaint Case No. 9240 of 2022, under Section 406 IPC, Police Station Hapur Nagar, District Hapur expeditiously within a stipulated period. 2. Heard learned counsel for the applicant, learned AGA and perused the material available on record. 3. It is submitted by learned counsel for the applicant that the applicant is the complainant / wife and the aforesaid complaint case was filed in 2022. It is also submitted that the matter is pending at the stage of evidence of PW-2. It is next submitted that no sincere efforts are being made by the Court concerned to decide the said case. It is further submitted that the opposite party no.2 is also applying delaying tactics in disposal of the said case. 4. A perusal of the copies of the order sheets goes to show that the aforesaid complaint case was filed in the year 2022 and the summoning order was passed. It also appears that the matter is pending at the stage of evidence of PW-2. In the circumstances, the trial court is directed to make all possible efforts and to use its power attributed to it by law to procure the attendance of the PW-2 before the Court and thereafter make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. 5. 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. 6. With these observations, the application is finally disposed of. Order Date :- 10.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad