Neutral Citation No. - 2025:AHC:114671 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2195 of 2025 Applicant :- Umar Mohammad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manoj Dubey,Pramod Kumar Pandey Counsel for Opposite Party :- Anil Kumar Mishra,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. 1804 of 2024 under Sections 145(2) of BNS, Police Station- Civil Lines, District- Aligarh pending in the Court of learned Additional Principal Judge, Family Court No.2, Aligarh expeditiously within stipulated period. 2. Heard learned counsel for the applicant, learned counsel for the respondent nos. 2 and 3 as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant before this Court is the husband of the aggrieved wife. It is further submitted that earlier the application under Section 125 Cr.P.C. moved by the opposite party no.2/ wife was allowed exparte by the Family Court vide judgement and order dated 9.2.2023. Since it was an exparte order an application was moved by the applicant to recall the said order. It is further submitted that in compliance of the order dated 9.2.2023 some amount has been given by the applicant to opposite party no.2 but however, now the original record of the case is missing from the Court concerned and for want of the said record the application moved by the applicant to recall the exparte judgement is still pending. The Court concerned is not taking proper interest in disposal of the said case. 4. Per contra learned AGA and learned counsel for the respondent nos. 2 and 3 opposed the prayer. It is submitted by the respondent nos. 2 and 3 that in a matter under Article 227 No. 14633 of 2024 an order was passed by this Court dated 23.5.2025 to pay one-third of the entire amount due to the present applicant but the said order was also not complied with so far. 5. From perusal of the record it appears that the original record of this case is missing and efforts are being made by the concerned Family Court for re-construction of the same but no order in this record was passed by the Principal Judge, Family Court, Aligarh. 6. I have considered the submissions and perused the record. 7. Hence the Principal Judge, Family Court is directed to pass an order in regard to re-construction of the record, which is missing and after getting his permission, the trial Court is further directed to re-constitute the record of this case and will proceed to decide the application moved by the applicant for recalling the ex-parte judgement and this process must be done preferably within six months from today. 8. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, 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. 9. With the above observations, the application stands disposed of. Order Date :- 16.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad