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2025 DAILYLAW 68141 (ALL)

ASHMA KHATOON v. STATE OF U.P. AND 2 OTHERS

NA529/1921/2025 · 2025-07-21

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119282 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1921 of 2025 Applicant :- Ashma Khatoon Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Raman Pandey 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 Complaint Case No. 751 of 2020, under Sections 498A IPC and 4 D.P. Act, Police Station- Rudhauli, District- Basti pending in the Court of Judicial Magistrate (F.T.C.), Mahila, Basti 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 aggrieved wife/ complainant of the aforesaid case. It is further submitted that after passing of the summoning order the accused persons/ opposite party nos. 2 and 3 appeared before the Court but however, after some time they started absconding and non-bailable warrant was issued against them. However, the said order was recalled but the matter is pending at the stage of framing of charges but since the accused persons are not cooperating with the Court the matter was again fixed for their appearance. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the order sheets that the matter is pending since 2020 and even charges have not been framed so far. The accused persons are applying delaying tactics in the matter. The trial court is expected to take strict action against the accused persons, who are trying to delay the trial of this case and even charges have not been framed on account of their delaying tactics. 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 two months from the date of production of certified copy of this order before it. Further, the Court concerned is directed to pass an order on the point of framing of charge in this case expeditiously 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