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Neutral Citation No. - 2025:AHC:63048 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 612 of 2025 Applicant :- Poonam Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Abhishek Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide the Case No. 515 of 2019 (Poonam Vs. Dharmendra Kumar Singh and others), under Section 12 Protection of Women from Domestic Violence Act, 2005, Police Station Manduadeeh, District Varanasi, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 2, Varanasi, 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 before this Court is the complainant. Opposite party nos. 2 to 8 were not appearing before the court and an exparte order was passed which was recalled on 17.10.2022 but even then opposite party nos. 2 to 8 are not cooperating in the trial. As per
order sheets, the case is pending at the stage of cross-examination of PW-1.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. In the facts and circumstances of the case, the learned trial court is directed to conclude the cross-examination of PW-1 Poonam within a period of two months from today and to make all endeavour to decide the Case No. Case No. 515 of 2019 (Poonam Vs. Dharmendra Kumar Singh and others), under Section 12 Protection of Women from Domestic Violence Act, 2005, Police Station Manduadeeh, District Varanasi, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 2, Varanasi expeditiously without granting unnecessary adjournment
to either of the parties and keeping in view the object and mandate of the provisions of B.N.S.S., if there is no legal impediment.
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 execution authorities, advocates, parties to the case, staff 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 :- 24.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad