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2025 DAILYLAW 27049 (ALL)

SMT. PARUL v. STATE OF U.P. AND 5 OTHERS

NA529/441/2025 · 2025-03-09

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34690 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 441 of 2025 Applicant :- Smt. Parul Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Radhey Shyam Yadav 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 Complaint Case No.229 of 2021, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, pending in the Chief Judicial Magistrate, Hapur expeditiously within 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 in the said complaint case is pending since 2021. It is also submitted that the opposite party nos.2 to 6 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The case is at the stage of evidence under Section 246 CrPC. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the said complaint case is pending since the year 2021. Since the accused persons are not cooperating, the trial of the matter is lingering unnecessarily. Hence, the Court concerned is directed to record the evidence under Section 246 CrPC within three months from the date of production of certified copy of this order before it and thereafter all endeavours for expeditious disposal of the case may be made by it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 7. 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. 8. With the above observations, the application stands disposed of. Order Date :- 10.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad