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2025 DAILYLAW 55633 (ALL)

KAVITA v. STATE OF U.P. AND 4 OTHERS

NA529/1422/2025 · 2025-05-21

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87093 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1422 of 2025 Applicant :- Kavita Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Vinay Singh Rajput,Vinod Kumar 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 Sessions Trial No. 2842 of 2023 in case crime no. 0506 of 2022 under Sections 504, 506, 306 I.P.C., Police Station- Malpura, District- Agra pending in the Court of learned Additional Sessions Judge, Court No.1, Agra 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 before this Court is the informant in the aforesaid case. It is further submitted that the case is very old and is pending since 2022. Now on 3.5.2025 charges have been framed and the date has been fixed for prosecution evidence. The Court concerned is not taking proper interest in disposal of the said case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It appears that the applicant is the informant and she has to appear before the Court as P.W.1. It is very surprising that instead of appearing before the trial Court for recording of her evidence the present applicant, Kavita, had knocked the door of the High Court. 7. In the circumstances, the Court concerned is directed to record the evidence of the applicant, if she appears on the next date fixed by the Court for evidence and if the evidence of present applicant is exhausted the trial Court shall proceed to make all possible endeavours for the expeditious disposal of the case subject to cooperation of the applicant with the trial Court, however it was not expected from the present applicant that instead of standing in the witness box of the trial Court, she appears this Court without any proper justification. 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