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Neutral Citation No. - 2025:AHC:84586 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1375 of 2025 Applicant :- Smt. Sonali Soni Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Dheeraj 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 of Additional Chief Judicial Magistrate, Room No.16, Allahabad, to decide the Case No.2042 of 2023 (State Vs. Jawahar Lal Soni and Others) arising out of Case Crime No.241 of 2017, under Sections 498A, 323, 504, 506 I.P.C. & 3/4 of D.P. Act, Police Station- Dhoomanganj, District- Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Room No.16, Allahabad,
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. The applicant before this court is the informant in the aforesaid and a prayer has been made for seeking direction to the trial court for expeditious disposal of the said case.
4. It is submitted by the learned counsel for the applicant that FIR in this case was lodged in the year 2017, however, the charge sheet was submitted in the year 2023. The accused persons are not appearing before the Court despite several processes were sent by the trial court, which is creating unnecessary delay in the proceedings in this matter.
5. Learned AGA opposed the prayer.
6. I have considered the submissions and perused the record.
7. In the circumstances, the trial court is expected to invoke its power to ensure service of process upon the accused person, which is sent under its seal and order in order to procure the presence of the accused. This Court is also aware of the fact that the Family Courts in the State of U.P. are overburdened with the cases and are, as such gasping for breath, but however considering the grievance
and difficulties faced by the applicant/wife, the Court concerned is
directed to take all possible steps to ascertain the appearance of the accused persons, and if possible preferably within three months, and thereafter trial court shall proceed for the expeditious disposal of the case.
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 :- 20.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad