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2025 DAILYLAW 42165 (ALL)

SMT NIDHI JAUHRI ALIAS NIDHI SAXENA v. STATE OF U.P. AND 5 OTHERS

NA529/987/2025 · 2025-05-13

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78962 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 987 of 2025 Applicant :- Smt Nidhi Jauhri Alias Nidhi Saxena Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Purushottam Pandey 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.10076 of 2024, under Sections 498A, 323, 504, 506, 406, 342, 420, 452 I.P.C. and Section 3/4 D.P. Act, Police Station Ijjatnagar, District- Bareilly pending in the Court of A.C.J.(S.D.) III/ A.C.J.M. Bareilly 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 after filing of the said complaint case evidence was adduced by the applicant/ complainant before the trial Court, which was sufficient to pass a summoning order against opposite parties but however only dates are being fixed in the Court and no order on the point of summoning of the accused/ opposite parties as such has been passed by the Court, this creating a delay in the proceeding and disposal of the case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It appears from perusal of the record that the case is pending sing long at the stage of hearing on summoning but only dates are being fixed. The applicant is a lady and she is running to the Court unnecessarily on each and every date. It further reveals from perusal of the record that the matter was sent for inquiry by the learned Magistrate under Section 202(2) Cr.P.C. on 9.4.2025 and no report has been sent by the police. 7. In view of the above, the Court concerned is directed to obtain inquiry report before it preferably within one month and then to pass suitable order on the point of summoning in the matter in accordance with law preferably within one month from the date of production of certified copy of this order before it, keeping in view the heavy work load in the said Court and thereafter all endeavour shall be made for expeditious disposal of the case, if there is no legal impediment. 8. 8. The Court takes notice of the fact that the trial Court has sent the matter for inquiry under Section 202 (2) Cr.P.C. on 9.4.2025 whereas on 9.4.2025 there was no such law existing rather in place of Section 202 (2) Cr.P.C., Section 225 (2) BNSS is now applicable. It is expected that the learned trial Court in future shall take care of it. 9. With the above observations, the application stands disposed of. Order Date :- 14.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad