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Neutral Citation No. - 2025:AHC:39351 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 500 of 2025 Applicant :- Smt. Mamta Singh Opposite Party :- Anil Kumar Rajpoot Counsel for Applicant :- Lavlesh Kumar Shukla 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. 722 of 2023, under Section 12 Protection of Women from Domestic Violence Act, pending in the Court of Civil Judge (JD)/FTC (Offence against Women), Etah, 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 the aforesaid case was filed in the year 2023 but still the matter is pending at the stage of appearance of the opposite party/ husband. The accused person is still absconding and has not appeared before the Court so far. It is also submitted that the Court concerned is not taking any interest to ensure the appearance of the accused before it. Applicant is a lady and she has a legal and constitutional right for speedy trial. 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 since the year 2022. The accused has not appeared before the Court so far. The trial court is expected to invoke its power 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. The applicant is a lady. It appears that the trial court is not taking proper interest in the proceedings of the case which relates to the Domestic Violence Act and requires expeditious disposal as per mandate of the Act itself. 7.
In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party by sending appropriate process to him within one month 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 :- 19.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad