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2025 DAILYLAW 44632 (ALL)

SMT. FAHMEEDA v. STATE OF U.P. AND 3 OTHERS

NA529/948/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83739 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 948 of 2025 Applicant :- Smt. Fahmeeda Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dharmendra Kumar Mishra,Lal Bahadur Singh 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.270 of 2022, U/S 156(3) CrPC, Police Station Rail Bazar, District Kanpur Nagar, pending in the Court of Metropolitan Magistrate-VII, Kanpur Nagar, expeditiously. 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 application under Section 156(3) CrPC has been treated as complaint and in the aforesaid complaint case statement under Section 200 CrPC has been recorded. It is also submitted that the trial court may be directed to pass suitable order in this case. The matter is pending at the stage of recording of statement under Section 202 CrPC. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the record that the mater is pending at the stage of recording the evidence under Section 202 CrPC. Though the applicant / complainant is appearing before the Court alongwith her witness but the Court is avoiding to record the evidence. Hence, the Court concerned is directed to record the evidence of the witness under Section 202 CrPC within three months from the date of production of certified copy of this order before it and thereafter pass suitable order in the matter in accordance with law, provided the applicant cooperates with the trial court, if there is no legal impediment. 6. With the above observations, the application stands disposed of. Order Date :- 19.5.2025/safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad