Neutral Citation No. - 2025:AHC:64007 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12289 of 2025 Applicant :- Smt. Maya Rani Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Santosh Kr. Singh Paliwal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Personal affidavit filed on behalf of Commissioner of Police, Ghaziabad, is taken on record. 2. The present application has been filed to direct the court below to conclude/ decide the trial of Case No.2581/2018, Crime No.335/2017, under Sections 498-A, 323, 494 I.P.C. & 3/4 D.P. Act, Police Station- Mahila Thana, District- Ghaziabad, pending before the Civil Judge (Junior Division), F.T.C.-I, Ghaziabad, within a specific period. 3. This matter was heard on 15.04.2025. On that date, the Court directed to the Commissioner of Police, Ghaziabad to file his personal affidavit as to why the non-bailable warrant dated 31.01.2023 has not been executed against the accused/ opposite party no.2, Jitendra @ Monu. 4. In compliance of the order dated 15.04.2025, the present Commissioner of Police, Ghaziabad, J. Ravinder Goud has filed a personal affidavit mentioning therein that he had joined as Commissioner of Police, Ghaziabad on 17.04.2025 and immediately after knowledge of the order of this Court constituted a team of police officers and arrested the accused Jitendra @ Monu on 23.04.2025 and produced before the court. It is further mentioned in the aforesaid personal affidavit that non-bailable warrant dated 31.01.2023 was not issued against Jitendra @ Monu but it was issued against accused/ opposite party no.3- Madan, who had appeared before the court below and also released on bail. 5. As the present Commissioner of Police himself joined on 17.04.2025 and immediately after the knowledge of the order of this Court arrested the accused, therefore, no fault can be assigned to the present Commissioner of Police, Ghaziabad. Even from the perusal of the personal affidavit of the present Commissioner of Police, Ghaziabad, it is clear that after conducting inquiry, show cause notice has also been issued against the responsible officers, who were found negligent in execution of non-bailable warrant against accused Jitendra @ Monu. 6. In such circumstances, no further order is required to be passed so far as the present Commissioner of Police, Ghaziabad is concerned, however, from the perusal of the record there appears to be some negligent on the part of the previous Commissioner of Police, Ghaziabad, but considering the fact that accused has already been arrested this Court is not passing any order against the Commissioner of Police, Ghaziabad. 7. Though the Apex Court in the case of High Court Bar Association, Allahabad Vs. State of Uttar Pradesh (Criminal Appeal No. 3589 of 2023) has observed that High Court should not normally direct the trial court to decide the case in time bound manner which was further reiterated by the Apex Court in the case of Sangram Sadashiv Suryavanshi Vs. State of Maharashtra, 2024 SCC Online SC 3526. In the subsequent judgement, the Apex Court observed that constitutional courts should follow the guidelines of the case of High Court Bar Association, Allahabad (supra) but in exceptional circumstances, High Courts can direct trial court to decide the trial in time bound manner. 8. However, considering the fact that trial in question has been pending since 2018 and the impugned proceeding has been arising out of offence against woman, therefore, this Court directs the court below to conclude the trial of case Case No.2581/2018, Crime No.335/2017, under Sections 498-A, 323, 494 I.P.C. & 3/4 D.P. Act, Police Station- Mahila Thana, District- Ghaziabad, pending before the Civil Judge (Junior Division), F.T.C.-I, Ghaziabad, as expeditiously as possible, without giving unnecessary adjournment to any of the parties. It is further directed that in case any accused does not cooperate in trial or remains absent despite the direction of the court, the court below will be at liberty to cancel the bail application and take coercive measure including to keep him in custody. 9. With the aforesaid observations, this application is disposed of. Order Date :- 24.4.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad