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2025 DAILYLAW 37650 (ALL)

PRIYANKA GUPTA v. STATE OF U.P. AND ANOTHER

NA529/820/2025 · 2025-04-10

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53838 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 820 of 2025 Applicant :- Priyanka Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal 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 Complaint Case No.955 of 2024, under Section 125 Cr.P.C. (Priyanka Gupta Vs. Ashvani Kumar Gupta), Police Station Shahganj, District Agra, pending in the court of learned Additional Principal Judge Family Court, Court No.2, Agra expeditiously within a stipulated period. 3 It is submitted by the learned counsel for the applicant that the applicant is the aggrieved wife. It is further submitted that the applicant is regularly appearing before the court whereas opposite party no.2, the husband is not appearing despite service of notice and now the case has been proceeded as ex-parte against opposite party no.2. 4. I have considered the submissions and perused the entire record. 5. Since the case is proceeding as an ex-parte against opposite party no.2, the same has already been adduced by the applicant on 27.01.2025 as reveals from the order sheet. Opposite party no.2 is not cooperating with the progress of the case. 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 six months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. 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