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2025 DAILYLAW 64045 (ALL)

SMT. POONAM SAROJ v. STATE OF U.P. AND 4 OTHERS

NA529/1686/2025 · 2025-05-27

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91567 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1686 of 2025 Applicant :- Smt. Poonam Saroj Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Jagadamba Gupta 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. 3390 of 2021 under Sections 498-A, 323, 504, 506 IPC, P.S. Bardah, District Azamgarh pending in the Court of Additional Civil Judge (JD)/FTC (Women), 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 learned counsel for the applicant that the aforesaid case was filed in 2021 and the summoning order was passed against the opposite party nos.2 to 5 and they appeared and obtained bail but now they are absconding and several punitive processes have been issued against them. It is also submitted that mediation proceedings between the parties have failed. The matter is still pending at the stage of appearance of opposite party nos.2 to 5. They are adopting delaying tactics in disposal of the case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. A perusal of the copies of the order sheets goes to show that the aforesaid case is pending at the stage of appearance of 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 under law itself. The trial court is expected to invoke its power to ensure service of process upon opposite party nos. 2 to 5, which is sent under its seal and order in order to procure their presence and procure their presence within six months from the date of production of certified copy of this order before it. 7. The applicant has made a prayer for expeditious disposal of the aforementioned case in a time bound manner. The Hon'ble Supreme Court in a recent judgement dated 29.2.2024 passed in the case of High Court Bar Association, Allahabad vs. State of U.P. and others, (2024) 6 SCC 267 has held as under :- "Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending." 8. Learned counsel for the applicant has not shown any exceptional circumstances to issue direction for time bound disposal of the said case at this stage. However, in view of the aforesaid, the present application is disposed of with a direction to the court concerned to make all endeavours for expeditious disposal of the aforesaid case, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted. 9. 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. 10. With the above observations, the application stands disposed of. Order Date :- 28.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad