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2025 DAILYLAW 68404 (ALL)

SMT DR RACHNA SRIVASTAVA v. STATE OF U.P. AND 4 OTHERS

NA529/1962/2025 · 2025-07-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105650 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1962 of 2025 Applicant :- Smt Dr Rachna Srivastava Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ashwani Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Complaint Case No. 3361 of 2024 (Smt. Dr. Rachna Srivastava Vs. Neeraj Srivastava and others), under Sections 420, 323, 504, 506 I.P.C., Police Station Kotwali Orai, District Jalaun, pending before the learned Chief Judicial Magistrate, Jalaun at Orai, 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 before this Court is complainant. It is further submitted that the complaint was filed by the complainant and statements under Section 200 and 202 Cr.P.C. were recorded before the trial court. However, learned trial court has passed an order dated 27.08.2024 and directed the concerned Station House Officer for submitting the inquiry report under Section 202(1) Cr.P.C. in the trial court. It is next submitted that the matter is still pending and no report has been submitted by the concerned Station House Officer so far. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is expected to invoke its powers given to it under law for ensuring the submission of inquiry report by the concerned Station House Officer within a period of two months from today and to make all the endeavours for expeditious disposal of the aforesaid case, without granting any unnecessary adjournment to either of the parties and keeping in view the heavy workload in the said court, if there is no legal impediment. 7. 7. 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 execution authorities, advocates, parties to the case, staff 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 :- 7.7.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad