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2025 DAILYLAW 69734 (ALL)

RAMESH DATT MISHRA v. STATE OF U.P. AND 3 OTHERS

NA529/2000/2025 · 2025-07-02

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103557 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2000 of 2025 Applicant :- Ramesh Datt Mishra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gaurang Dwivedi 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 Sessions Trial No. 44 of 2018 connected with Sessions Trial No. 43 of 2018 arising out of case crime no. 430 of 2017, under Sections 498A, 307 IPC and 3/4 D.P. Act, Police Station- Kotwali Orai, District Jalaun pending in the Court of Additional District and Sessions Judge, Court No.1, 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 is the complainant in the aforesaid case and the matter relates to cruelty and harassment caused to the victim wife. It is further submitted that some protection order was granted in favour of the opposite party no.4 but however subsequently on 9.1.2020 the interim order was vacated and the Application U/S 482 No. 4193 of 2019 was dismissed. It is also submitted 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. 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 parties 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, 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 :- 3.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad