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2025 DAILYLAW 58386 (ALL)

MUNNILAL MUNNILAL ALIAS MUNNILAL GAUTAM v. STATE OF U.P. AND ANOTHER

NA529/1448/2025 · 2025-05-16

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82122 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1448 of 2025 Applicant :- Munnilal Munnilal Alias Munnilal Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 529 BNSS has been filed with a prayer to direct the learned Additional Chief Judicial Magistrate-5, Jaunpur, to decide the Case No. 1601 of 2020, arising out of case crime no. 352 of 2019, under Sections 323, 498-A IPC and 3/4 Dowry Prohibition Act, Police Station Khuthan, District Jaunpur expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that the applicant is one of the accused. He and his wife (father-in-law and mother-in-law of the opposite party no.2) have appeared in the matter. The aforesaid case was filed in the year 2020 but the matter is still pending at the stage of appearance of other co-accused i.e husband of the opposite party no.2. The main accused i.e. husband of the opposite party no.2 never appeared before the Court concerned. He is adopting delaying tactics in disposal of the case. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of the main accused i.e. Amar Nath, husband of the opposite party no.2. He is not cooperating with the progress of the case. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under law itself. The trial court is expected to invoke its power to ensure service of process upon Amar Nath, the husband of the opposite party no.2, which is sent under its seal and order in order to procure his presence. 6. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the husband of the opposite party no.2 by sending appropriate process to him within three months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment. 7. 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. 8. With the above observations, the application stands disposed of. Order Date :- 17.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad