Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:77135 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1105 of 2025 Applicant :- Smt Khushbu Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Manvendra Narain Pathak 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.4071 of 2022 under Section 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Barhalganj, District Gorakhpur pending in the Court of Addl. Chief Judicial Magistrate / S.D.-3, Gorakhpur, expeditiously within a stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. It has been submitted by the learned counsel for the applicant that the said case has been filed by the applicant / complainant under Section 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act in the year 2022. Applicant before this Court is the aggrieved wife. The accused persons have appeared before the court.
4. It reflects from the perusal of the order-sheet that since 25.5.2024 the case is pending at the stage of recording the evidence under section 244 Cr.P.C. but even after so many dates no evidence under section 244 Cr.P.C. was adduced by the applicant.
5. Since the matter is delaying on account of non-cooperation of the applicant herself, there is no justification to give any direction to the trial court.
6. The application u/s 529 BNSS is dismissed. Order Date :- 7.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad