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Neutral Citation No. - 2025:AHC:72211 Court No. - 80 Case :- APPLICATION U/S 483 No. - 75 of 2025 Applicant :- Usha Chauhan Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Sunita Chauhan Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to conclude the trial of Complaint Case No.1654 of 2023, under Sections 498A, 323, 504, 354 I.P.C., and 3/4 D.P. Act, Police Station- Jeanpur, District- Azamgarh pending in the Court of learned Civil Judge (F.T.C.)/ Judicial Magistrate, Azamgarh 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 is the complainant in the said matter which was filed in the year 2023 but the statement of the complainant under Section 200 Cr.P.C. has not been recorded yet. It is also submitted that the Court concerned is not taking any interest for disposal of the case.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. The matter is pending since 2023. The copies of order sheets appended with the affidavit corroborates the applicant's version. The trial Court should always remember that in a complaint case the statement of the complainant under Section 200 Cr.P.C. must be recorded so far as possible on the same day the complaint is filed. It is the matter where even after lapse of about 2 years such statement has not been recorded by the Court.
7. In view of the above, the Court concerned is directed to record the statement of complainant under Section 200 Cr.P.C. preferably within a period of one month from the date of production of certified copy of this order before it, and make all endeavours for expeditious disposal of the case, if the accused persons are summoned by the trial Court, in accordance with law.
8. With the above observations, the application stands disposed of. Order Date :- 6.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad