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Neutral Citation No. - 2025:AHC:53895 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 818 of 2025 Applicant :- Smt. Sikha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashvani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State are present. 2. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to expedite the Case No.478 of 2023, under Section 125 Cr.P.C. (Smt. Sikha Vs. Parth Sarthi), Police Station Friends Colony, District Etawah, pending in the court of learned Additional District Family Court, Etawah expeditiously within a stipulated period. 3 It is submitted by the learned counsel for the applicant that the applicant is the aggrieved wife in this case. It is further submitted that the present case is pending since 2022. It is next submitted that the opposite party no.2/the husband is not cooperating at all with the trial court whereas the applicant wife is regularly attending the court. It is next submitted that the application for interim maintenance is also pending and no order has been passed by the learned trial court. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the lower court record that on 01.02.2025, the case of the proceedings have been ordered to proceed ex-parte against opposite party no.2. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under law itself. The trial court is expected to invoke its power to ensure service of process upon the opposite party no.2, which is sent under its seal and order in order to procure his presence. 6. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the
opposite party no.2 by sending appropriate process to him within one year from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it to dispose of the application for interim maintenance within a period of 60 days for expeditious disposal of the case, if there is no legal impediment. 7.
7. 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. 8. With the above observations, the application stands disposed of. Order Date :- 11.4.2025 Shivangi Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad