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2025 DAILYLAW 7222 (ALL)

SMT KANAK LATA v. STATE OF U.P. AND 5 OTHERS

NA528/897/2025 · 2025-04-03

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47344 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 897 of 2025 Applicant :- Smt Kanak Lata Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Bhawesh Pratap Singh,Sanjay Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Bhawesh Pratap Singh, learned counsel for the applicant and Sri Uday Bhan, learned A.G.A. for the State. 2. The instant application has been filed to direct the trial court to decide the case No. 4937 of 2014, arising out of case crime no. 654 of 2013, U/S 498A, 323, 504, 506, IPC and 3/4 D.P. Act, P.S. Badaut, District- Baghpat, within stipulated period. 3. From perusal of the record, it appears that the proceeding in question could not be decided because of non cooperation of the accused persons. 4. Contention of learned counsel for the applicant is that the applicant is the first informant who seeks expeditious trial. 5. Though the Apex Court in the case of High Court Bar Association Allaqahabad vs. State of U.P. and others; Criminal Appeal No. 3589 of 2023 has observed that the constitutional Courts should not normally fix a time-bound schedule for disposal of cases pending in any court and again in the recent judgement in Sangram Sadashiv Suryavanshi vs. State of Maharastra; 2024 SCC OnLine SC 3526, the Apex Court reiterated the guidelines laid down in High Court Bar Association Allaqahabad(supra). However, considering the fact that the present case arises out of the offence against women which is pending since 2014, the court below is directed to conclude the trial of the aforesaid case as expeditiously as possible, without giving unnecessary adjournment to any of the parties. 6. It is further provided that for ensuring presence of the accused, the court below may adopt coercive measures. 7. With the aforesaid direction, the application is disposed of. Order Date :- 4.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad