Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125639 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2167 of 2025 Applicant :- Smt. Gyaneshwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Ranjan,Jahar Singh (Kashyap),Stuti Singh 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 Case No. 33 of 2020 under Section 125 CrPC, pending in the Court of learned Additional Chief Judicial Magistrate, Family Court, Mainpuri expeditiously within 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 aggrieved wife of opposite party no.2 and the present case is pending since 2020. It is further submitted that the opposite party no.2 although appeared before the Court but subsequently he is not appearing before the Court that is why the matter was decided exparte vide order dated 29.8.2023 by the learned Family Judge, however, the said order was recalled subsequently on an application made by the opposite party no.2/ husband on cost but the said opposite party no.2 is not cooperating with the trial Court and the matter is pending at the stage of cross- examination of P.W.2.
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 person, 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 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 preferably within a period of one year, 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 :- 29.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad