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2025 DAILYLAW 36541 (ALL)

SMT. SIKHA v. STATE OF U.P. AND 5 OTHERS

NA529/677/2025 · 2025-04-04

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48529 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 677 of 2025 Applicant :- Smt. Sikha Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Ashvani Tripathi 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 Complaint Case No. 89 of 2024, under Section 12 Protection of Women from Domestic Violence Act, pending in the Court of Judicial Magistrate-II, Etawah, 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 aforesaid case was filed in the year 2024 but still the matter is pending at the stage of appearance of the opposite party nos. 2 to 6. The accused persons are still absconding and have 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 2024 at the stage of appearance of opposite party nos. 2 to 6. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 7. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 6 by sending appropriate process to them as early as possible and thereafter all endeavours shall be made by it for expeditious disposal of the case preferably within a period of two months, if there is no legal impediment. 8. It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 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 :- 5.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad