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Neutral Citation No. - 2025:AHC:108735 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1362 of 2025 Applicant :- Meena Dube Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Tiwari,Prabhakar Awasthi 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 Criminal Case No. 3366 of 2014 arising out of case crime no. 1035 of 1992, under Sections 498A IPC, Police Station Kotwali, District Moradabad pending in the Court of Civil Judge (J.D.) (Fast Track Court) (Crime Against Women), 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 before this Court is one of the accused person. It is further submitted that earlier the matter was kept stayed in compliance of the order of this Court passed in Application U/S 482 No. 13357 of 1993. It is further submitted that for want of prosecution the said order was not extended and the Application U/S 482 No. 13357 of 1993 was dismissed. It is also submitted that so many years have elapsed and the case is still pending for disposal. The trial court is not taking any interest for disposal of the case. 4. I have considered the submissions and perused the entire record. 5. It appears from perusal of the record that the dismissal order in respect of Application U/S 482 No. 13357 of 1993 was not brought to the notice of the trial Court and that is why the trial Court is still passing order for both the parties to apprise the Court regarding the current status of the said application. 6. However, since the stay order has been vacated and the matter has been dismissed in default for want of prosecution vide order
dated 8.4.2019 the trial Court is directed to proceed with this matter. Since the matter pertains to the year 1992 the trial Court is expected to make all possible measures for expeditious disposal of the case and the present applicant is also directed to cooperate with the trial court for expeditious disposal of the case. 7.
It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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. 8. With the above observations, the application stands disposed of. Order Date :- 9.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad