Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:71111 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1078 of 2025 Applicant :- Smt. Arti Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Abhishek Mishra,Indradeep Dubey 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 Case No. 185 of 2023 arising out of case crime no. 415 of 2022, under Sections 498A, 323, 504, 506 IPC, and under Section 3/4 D.P. Act, Police Station- Meja, District- Allahabad pending in the Court of Additional Chief Judicial Magistrate, Court No.10 Allahabad 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 in the aforesaid case and the said case is pending unnecessarily at the stage of appearance of the accused/ opposite party nos. 2 to 6. The trial court is not taking any interest for disposal of the case.
4. I have considered the submissions and perused the entire record.
5. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2022. The accused persons have not appeared before the Court so far. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and
order in order to procure the presence of the accused.
6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 6 by sending appropriate process to them within two 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 :- 5.5.2025//Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad