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2025 DAILYLAW 66242 (ALL)

SMT. SHAMSHAD BANO v. STATE OF U.P. AND 4 OTHERS

NA529/2111/2025 · 2025-07-09

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109853 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2111 of 2025 Applicant :- Smt. Shamshad Bano Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Nabi Ullah Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 of BNSS has been filed with a prayer to direct the court concerned to decide the Case No. 838 of 2014, under Sections 498-A IPC and 3/4 Dowry Prohibition Act, P.S. Soraon, District Allahabad pending in the Court of A.C.J.M. Room No. 7, Allahabad, 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 aforesaid case is pending since 2014 and the accused persons are not cooperating with the trial court and even at this stage after a long time the accused no.2 - Gulzar Ahmad / husband is absconding and some punitive processes have been issued against him. The Court concerned is not taking any interest to ensure the appearance of the said accused before it. Applicant is a lady and she has a legal and constitutional right for speedy trial. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2014. The accused / opposite party no.2/ husband is still free and did not appear before the Court concerned even after issuance of punitive process against him. The other accused persons are also not cooperating with the trial court. 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. 7. 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 5 by sending appropriate process to them 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, preferably within a period of one year, if there is no legal impediment and also keeping in view the work load of the said Court. 8. With the above observations, the application stands disposed of. Order Date :- 10.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad