Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119515 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1783 of 2025 Applicant :- Abha Pandey Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bachcha Singh 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 Criminal Complaint Case No. 2874 of 2022 under Sections 498A, 323, 504, 506, 406 IPC and Section 3/4 D.P. Act, Police Station Kotwali, District- Ballia pending in the Court of learned Civil Judge (J.D.)/ Fast Track Court-III, Ballia expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. Supplementary affidavit today is taken on record. 3. It is submitted by the learned counsel for the applicant that the applicant is the complainant in the aforesaid case. It is further submitted that summoning order has been passed against the accused persons/ opposite party nos. 2 and 3 in this case, however, the matter was sent for mediation by this Court but the mediation failed and the stay order which was operative in favour of the opposite party nos. 2 and 3 passed by this Court has now come to an end and he has also filed affidavit to this effect before the trial Court. It is further submitted that the case is pending at the stage of appearance of accused persons. The trial court is not taking any interest for disposal of the case. 4. I have considered the submissions and perused the entire record. 5. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2022. 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 circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos.
2 to 3 by sending appropriate process to them within three 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, keeping in view the heavy work load in the said Court. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 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 :- 22.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad