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2025 DAILYLAW 46038 (ALL)

SMT. MAMTA ALIAS USHA v. STATE OF U.P. AND 5 OTHERS

NA529/995/2025 · 2025-05-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73477 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 995 of 2025 Applicant :- Smt. Mamta Alias Usha Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Arun Kumar Srivastava,Priyanka Srivastava 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.1718 of 2020, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Mathura, pending in the Court of Judicial Magistrate (Offence against Women), Mathura expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It appears from the perusal of the record that above complaint case is pending at the stage of recording of evidence under Section 244 CrPC. Needless to say that evidence under the said Section may be adduced by the applicant / complainant herself but it is very strange that instead of adducing evidence under Section 244 CrPC, the applicant / complainant unnecessarily knocked at the door of this Court, which is not a good practice. No direction is required to be issued to the Court concerned for expeditious disposal of the case but however, if the applicant / complainant wants expeditious disposal of the case, she is free to adduce the complete evidence before the Court. 4. With the above observations, the application stands disposed of. Order Date :- 7.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad