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Neutral Citation No. - 2025:AHC:119535 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1981 of 2025 Applicant :- Smt. Neelam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kailash Yadav,Surya Bhan Singh 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 Criminal Case No. 2758 of 2020, arising out of case crime no. 776 of 2019, under Sections 498-A, 323. 504, 506, 406 IPC and 3/4 Dowry Prohibition Act, P.S. Auraiya, District Auraiya pending in the Court of C.J.M. Auraiya, 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 2020 and the accused persons are not cooperating with the trial court. The Court concerned is not taking any interest to decide the said case. Applicant is a lady and she has a legal and constitutional right for speedy trial. It is also submitted that earlier the accused persons approached this Court vide Application U/S 482 No. 2004 of 2021 which was disposed of on 3.2.2021 without any relief to the opposite party no.2 / husband and interim protection was granted in favour of the remaining accused persons. It is also submitted that in compliance of the
order passed by this Court the husband / opposite party no.2 appeared before the Court concerned and obtained bail. It is also submitted that the trial court is passing an order on each and every date that the proceedings of this case have been stayed by the High Court, which is not a correct view taken by the trial court.
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 2020. It also appears that interim protection has been granted by this Court only in respect of
applicant nos. 1 to 5 in the said application U/S 482 CrPC and no protection was granted to the husband / applicant no.6 in the said application. Hence, the trial court is directed to take the order passed by this Court, as mentioned above, in right perspective and if he reaches at the conclusion that the proceedings of the aforesaid case are not stayed in favour of the opposite party no.2/ husband it may proceed with the case in respect of the opposite party no.2 / husband and make all possible endeavours to decide the said case expeditiously, if there is no legal impediment.
7. With the above observations, the application stands disposed of.
Order Date :- 22.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad