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2025 DAILYLAW 74546 (ALL)

SHIVANI MISHRA v. STATE OF U.P. AND ANOTHER

NA529/2215/2025 · 2025-07-16

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116228 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2215 of 2025 Applicant :- Shivani Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Km. Anjana 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 proceedings of Case No. 1457 of 2024, under Section 125 Cr.P.C., P.S.- Shahpur, District- Gorakhpur pending in the Court of learned Principal Judge, Family Court-III, Gorakhpur 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 aggrieved wife of opposite party no.2 and the present case is pending since 2024. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said. 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 2024. 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 nos. 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, 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