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Neutral Citation No. - 2025:AHC:82527 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1460 of 2025 Applicant :- Smt. Sadhana Kumari Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Alauddin,Fakhruddin 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 Complaint Case No. 7966 of 2020 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Lotan, District- Sant Kabir Nagar pending in the Court of learned Judicial Magistrate, Siddharth Nagar 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 complainant in the aforesaid case. It is further submitted that opposite party nos. 2 to 5/ accused persons once appeared before the Court but after granting bail them by the learned trial Court they again absconded and the case is pending unnecessarily due to their absence before the Court and the Court has issued some punitive process against them. 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. From perusal of the order sheets it appears that the matter is pending at the stage of evidence under Section 246 Cr.P.C. and since the evidence has to be adduced by the complainant/ applicant herself there is no justification to pass any order to the trial Court for expeditious disposal of this case because the pendency of the case is due to the latches and negligence of the applicant herself.
7. 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