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2025 DAILYLAW 29837 (ALL)

KUMKUM DEVI v. STATE OF U.P. AND 5 OTHERS

NA529/539/2025 · 2025-03-23

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42624 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 539 of 2025 Applicant :- Kumkum Devi Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Balbir 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 Misc. Application No. 07/12/2022 arising out of case crime no. 218 of 2021 under Sections 147, 452, 504, 323, 354Kh, 307, 506 and 427 I.P.C., Police Station- Barla, District- Aligarh pending in the Court of Judicial Magistrate 2nd, Aligarh 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 earlier an FIR was lodged in this matter but subsequently final report was submitted by the I.O. against which protest petition was moved by the present applicant. The learned trial Court proceeded to reject the final report submitted by the police and protest petition was treated as a complaint case, however, at present the case is pending at the stage of summoning since 14.2.2023. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. In view of the above, the Court concerned is directed to pass suitable order on the point of summoning in the matter in accordance with law preferably within one month from the date of production of certified copy of this order before it, if there is no legal impediment. 7. With the above observations, the application stands disposed of. Order Date :- 24.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad