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Neutral Citation No. - 2025:AHC:55302 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 699 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. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Case No.7654 of 2023 (State Vs. Parth Sarthi and others) arising out of Case Crime No.29 of 2023, under Sections 498-A, 323, 307 IPC, Police Station Friends Colony, District Etawah pending in the Court of Addl. Civil Judge (J.D.), Court No.1, 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 applicant is the aggrieved wife / informant and opposite party no.2 is the husband / accused in this case. The case is very old pertaining to year 2023. Earlier an Application u/s 482 Cr.P.C. No. - 36957 of 2023 was moved by the opposite party no.2, which was dismissed by this Court vide order dated 6.10.2023. Although for some period proceedings of this case were stayed under the orders of this Court but since the proceedings under Section 482 Cr.P.C. have been terminated, there is no hindrance with the trial court to proceed with the case. It is further submitted that the other co- accused persons of this case i.e. Smt. Sheela and others also moved Application u/s 482 Cr.P.C. No. - 36872 of 2023 wherein an
order was passed by this Court on 11.12.2023 that till the next date of listing no coercive action shall be taken against them but however there is no stay order in connection with the opposite party no.2, the husband but the learned trial court erroneously took a view that the proceedings are stayed as well.
4. I have considered the submissions and perused the entire record.
5. In these circumstances, the trial court is directed to pass a suitable order in this matter regarding the termination of stay of
proceedings in respect of the opposite party no.2 and the trial court is further directed to make all endeavours for the expeditious disposal of this case preferably within a period of one year from the date of receiving of certified copy of this order before it if it finds that there is no stay order passed by this Court in favour of the opposite party no.2 of this case.
6. With the above observations, the application stands disposed of.
Order Date :- 7.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad