PADMAWATI DEVI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA529/458/2025 · 2025-03-11
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27212 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27212 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:36640 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 458 of 2025 Applicant :- Padmawati Devi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh 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 proceeding of Complaint Case No. 743 of 2019 under Sections 354, 323, 504, 506, 427 I.P.C., Police Station- Bhudkura, District- Ghazipur pending in the Court of learned Additional Judicial Magistrate, Saidpur , Ghazipur 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 applicants that applicants before this Court are the accused persons in the said complaint case. It is further submitted that summoning order was passed by the Court on 14.6.2019 and since then the accused persons are cooperating with the trial Court but the matter is still pending at the stage of recording the evidence under Section 244 Cr.P.C. It is further submitted that the complainant/ opposite party no.2 is not cooperating with the trial Court since the matter pertains to the year 2018. 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. In the circumstances, the Court concerned is directed to invoke the powers given to it under the CrPC for recording of evidence in a complaint case and record the entire evidence under Section 244 Cr.P.C. 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 preferably within one year, 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 :- 12.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad