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2025 DAILYLAW 59834 (ALL)

SMT ANITA GUPTA v. STATE OF U.P. AND ANOTHER

NA529/1604/2025 · 2025-05-22

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87867 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1604 of 2025 Applicant :- Smt Anita Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh 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 A.C.J.M.-1st, Ballia to decide the Complaint Case No. 979 of 2015, under Section 494 IPC, P.S. Nagra, District Ballia, expeditiously within a stipulated period. 3. It is submitted by learned counsel for the applicant that the aforesaid case was filed in 2015 but the matter is still pending at the stage of appearance of opposite party no.2. He is adopting delaying tactics in disposal of the case. It is also submitted that the statement of two witnesses has been recorded by the trial court. The opposite party no.2 after putting his appearance on many occasions he became absent and that is why the punitive processes are being issued against him. 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 since 2015 at the stage of appearance of 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 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 opposite party no.2 by sending appropriate process to him within two 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 :- 23.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad