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2025 DAILYLAW 46187 (ALL)

SMT RESHU v. STATE OF U.P. AND 4 OTHERS

NA529/984/2025 · 2025-05-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73651 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 984 of 2025 Applicant :- Smt Reshu Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Kumar Dhananjay 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 S.S.T. No. 579 of 2018, arising out of case crime no. 222 of 2016, under Sections 498-A, 323, 504, 506 IPC, 3/4 Dowry Prohibition Act and 3(2)(va) of SC/ST Act, Police Station Mahila Thana, District Ghaziabad, pending in the Court of Special Judge (SC/ST Act), Ghaziabad, 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 case in hand pertains to the year 2018 but the accused persons are not appearing before the Court and due to their non- appearance the case is pending unnecessarily without any proper and effective proceeding. The Court concerned is not taking proper interest in disposal of the said case. It is also submitted that earlier the opposite party nos. 2 to 5 appeared but now at the stage of evidence they are absconding. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of accused persons. The trial court is expected to invoke its power provided under law to ensure service of process upon the accused person, which is sent under its seal and order in order to procure the presence of the accused. 7. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused persons by sending appropriate process to them and to ensure the actual compliance by the office of its own orders within one month 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. 8. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, 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. 9. 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