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2025 DAILYLAW 59237 (ALL)

PRATIBHA SINGH v. STATE OF U.P. AND 5 OTHERS

NA529/1453/2025 · 2025-05-16

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:82610 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1453 of 2025 Applicant :- Pratibha Singh Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Radhey Shyam Yadav 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 Case No. 2172 of 2023 under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Meja, District- Prayagraj pending in the Court of Civil Judge (S.D.)/ Fast Track Court, Basti 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 the aggrieved wife/ informant in the aforesaid case. It is further submitted that opposite party nos. 2 to 6 are not appearing before the Court despite the order of the trial Court that is causing delay in the proceedings and disposal of the case, which relates to cruelty and harassment for want of dowry to the present applicant. 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 reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2023. The accused persons have not appeared before the Court so far. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 6 by sending appropriate process to them 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, keeping in view the heavy work load in the said Court. 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 :- 17.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad