Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 74197 (ALL)

SMT. TAHIRA KHATOON v. STATE OF U.P. AND ANOTHER

NA529/2225/2025 · 2025-07-16

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:116049 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2225 of 2025 Applicant :- Smt. Tahira Khatoon Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Zafar Yab Khan 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 Criminal Case No. 3203 of 2019 arising out of case crime no. 39 of 2019, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Dhebaruwa, District Siddharth Nagar pending in the Court of learned Chief Judicial Magistrate, Siddharth Nagar 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 informant/ aggrieved wife of opposite party no.2 in the aforesaid case, which is pending since 2019 but the opposite party no.2/ husband is not appearing before the Court despite several processes sent to him by the Court concerned and the matter is lingering on unnecessarily. 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. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2019. The accused persons have not appeared before the Court so far. 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 party no. 2 by sending appropriate process to him within three 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 :- 17.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad