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Neutral Citation No. - 2025:AHC:87241 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1267 of 2025 Applicant :- Smt Babita Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhananjay Kumar,Rajesh Kumar 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 Case No.1741 of 2022, arising out of case crime no. 365 of 2022, under Section 498A, 323, 325, 506 IPC and 3/4 D.P. Act, Police Station - Baheri, District- Bareilly pending in the Court of learned Judicial Magistrate, Baheri, Bareilly 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 informant in the said case, which is pending since 2022 but still even charges have not been framed in this matter. It is further submitted that opposite party no.2, the husband, has not appeared before the Court and non-bailable warrant was issued against him whereas opposite party nos. 3 and 4 are present before the Court. The Court concerned is not taking proper interest in disposal of the said session trial. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the circumstances, the Court concerned is directed to invoke the powers given to it under the CrPC (BNSS) to ensure the presence of the accused persons by sending appropriate process within two months from the date of production of certified copy of this order before it and pass an order on the point of framing of charge and if the charges are framed all possible endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 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 :- 22.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad