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Neutral Citation No. - 2025:AHC:84506 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1250 of 2025 Applicant :- Vidyawati Devi Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Nimesh Kumar Shukla,Vinod Kumar Tirpathi 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. 466 of 2023, under Sections 498A, 406, 504, 506 I.P.C. and 3/4 D.P. Act,Police Station- Sikarara, District- Jaunpur pending in the Court of learned Additional Chief Judicial Magistrate-IV, Jaunpur expeditiously within 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 of opposite party no.2 and present case is pending since
2023. It is also submitted that the opposite party nos.2 to 5 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. Applicant is a lady and and she has no means for her livelihood. She is not in a position to attend the Court for the pairvi of the case on each and every date.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. It reveals from the perusal of the record that the matter is fixed for evidence but the utter surprise of this Court is that the applicant/ complainant instead of entering into the witness box for adducing her evidence has moved the present application under Section 529 BNSS seeking a direction for the trial Court.
7. Since the applicant has to appear as P.W.1 before the trial Court and she herself is a defaulter, no need or justification to pass any order for expeditious disposal of the case.
8. In view of the above, the application stands disposed of. Order Date :- 20.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad