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Neutral Citation No. - 2025:AHC:101768 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1644 of 2025 Applicant :- Smt Kavita Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Bipin Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Case No. 27585 of 2023 (State Vs. Tarun and others), arising out of Case Crime No. 79 of 2023, under Sections 498A, 323, 354Kha, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Muzaffarnagar, pending in the court of Civil Judge, Junior Division/FTC-I, Muzaffarnagar, 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 informant. It is further submitted that earlier an application under Section 482 No. 7165 of 2024 was preferred by the accused persons of this case wherein the case was referred to the Mediation and Conciliation Center of this Court and a direction was given to the accused persons to deposit Rs. 25,000/- before the Mediation Center but no money was deposited by the accused persons and mediation could not be proceeded. It is next submitted that since the accused-opposite party nos. 2 to 5 are absconding and they are not cooperating in the trial, the trial is lingering on unnecessarily. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. It reveals from the perusal of the order sheets that the present case is pending at the stage of appearance of the opposite party nos. 2 to
5. 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 in the law itself. 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 facts and circumstances of the case, the learned trial court is directed to take effective steps for procuring the presence of the accused-opposite party nos. 2 to 5 within a period of two months from today and to make all the endeavours for expeditious disposal of Case No. 27585 of 2023 (State Vs. Tarun and others), arising out of Case Crime No. 79 of 2023, under Sections 498A, 323, 354Kha, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Muzaffarnagar, pending in the court of Civil Judge, Junior Division/FTC-I, Muzaffarnagar without granting any unnecessary adjournment to either of the parties, 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 execution authorities, advocates, parties to the case, staff 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 :- 1.7.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad