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Neutral Citation No. - 2025:AHC:86425 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1236 of 2025 Applicant :- Noor Afsha Opposite Party :- State Of U.P. And 9 Others Counsel for Applicant :- Mayank Shekhar Singh,Ratnesh Pratap 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.39 of 2021 (Noor Afsha Vs. Mohd. Salman and others) under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Didarganj, District Azamgarh pending in the Court of Judicial Magistrate / F.T.C. (Mahila), Azamgarh, 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 applicant before this Court is the complainant of this case. The accused persons of this case have been summoned but they are not appearing before the court causing unnecessarily delay in the disposal of this case. Almost 4 years have been passed and it has not been decided as yet. Therefore, prayer has been made to decide the aforesaid complaint case expeditiously within a stipulated period. 4. It appears from the perusal of the record that only Mohd. Salman (O.P. No.2), Muzahid (O.P. No.3) and Nammbul (O.P. No.8) were summoned by the court to face trial vide order dated 2.9.2022 but some other persons have also been arrayed as opposite parties in the present application, hence learned counsel for the applicant is directed to rectify this error. 5. The present case is pending for appearance of the accused persons but they are not appearing despite several process sent to him. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under
its name. 6.
In the circumstances, the Court concerned is directed to make all efforts to procure the presence of the accused persons before it within a period of three months from today and thereafter all endeavours shall be made by it for the expeditious disposal of the aforesaid case, without granting any unnecessary adjournment to any of the parties, keeping in view the work load in the said Court, if there is no legal impediment. 7. 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 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 :- 14.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad