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2025 DAILYLAW 54456 (ALL)

SHAIFALI AGRAWAL v. STATE OF U.P. AND ANOTHER

NA529/1248/2025 · 2025-05-13

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81812 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1248 of 2025 Applicant :- Shaifali Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the court concerned to decide the Case No.2302/9 of 2022 (State Vs. Mukul Agrawal) arising out of case crime no.67 of 2021, under Sections 323, 504, 506 IPC and Section 92 (kha) of the Rights of Persons with Disabilities Act, 2016, Police Station Civil Line, District Moradabad pending in the Court of Chief Judicial Magistrate, Moradabad, 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 applicant is the aggrieved wife / informant in this case. The opposite party no.2, the husband has appeared before the court no charges have not been framed by the trial court so far and only dates are being fixed in the matter. 4. It was pointed out that although opposite party no.2 has moved an application u/s 482 Cr.P.C. No.16989 of 2022 before this Court but no stay order has been passed by this Court and the stay application is pending without any order. 5. I have considered the submissions and perused the entire record. 6. In the circumstances, the Court concerned is directed to pass an order on the point of framing of the charge in this case as per law within a period of two months from today and if the charges are framed, all endeavours shall be made by it for the expeditious disposal of the aforesaid case, keeping in view the work load in the said Court, if there is no legal impediment. 7. However, it is clarified that if some order in contrast to the order passed today has already been filed in the proceedings under section 482 Cr.P.C. aforesaid, the order passed today by this Court shall be treated as ineffective. 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 Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad