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2025 DAILYLAW 29556 (ALL)

MONIKA SAHANI v. STATE OF U.P. AND 5 OTHERS

NA528/8886/2025 · 2025-03-18

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40022 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8886 of 2025 Applicant :- Monika Sahani Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Vinod Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Vinod Kr. Patel, learned counsel for the applicant and Sri Kamlesh Kr. Tripathi, learned A.G.A. for the State. 2. The instant application has been filed to direct the Addl. Civil Judge (S.D.) 4 /A.C.J.M., Gorakhpur to decide the case No. 39607 of 2021, bearing case crime No. 24 of 2021, under Section 498A, 406, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Gorakhpur. 3. Contention of learned counsel for the applicant is that the applicant is the victim of dowry harassment, therefore, she lodged the F.I.R. in question. Thereafter, the police after investigation submitted charge sheet and in pursuance thereof the impugned proceeding has been initiated. Though opposite party Nos. 2 to 6 have obtained bail from the court below, they are not appearing before the court below despite issuance of bailable warrant and for that reason charges could not be framed against the accused persons. 4. Though the Apex Court in the case of High Court Bar Association Allahabad vs. State of U.P. and others; Criminal Appeal No. 3589 of 2023 has observed that the constitutional Courts should not normally fix a time-bound schedule for disposal of cases pending in any court, considering the fact that the present case arises out of the offence against women, the court below is directed to conclude the trial of the aforesaid case as expeditiously as possible, without giving unnecessary adjournment to any of the parties. 5. It is further provided that for ensuring presence of the accused, the court below may adopt coercive measures. 6. With the aforesaid direction, the application is disposed of. Order Date :- 19.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad