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Neutral Citation No. - 2025:AHC:123213 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2269 of 2025 Applicant :- Neha Khari Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi,Sindhuja Rathi Bhargava 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 Complaint Case No. 49 of 2022 under Sections 498A, 323, 504, 506 IPC, Police Station- Badalpur, District- Gautam Buddh Nagar pending in the Court of First Additional Chief Judicial Magistrate, Gautam Buddh 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 aggrieved wife in the aforesaid case. It is further submitted that summoning order in the matter was passed on 14.5.2024 and since then the matter is pending at the stage of appearance of the accused/ husband. The Court concerned is not taking proper interest to decide the said 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 2022. The accused person/ husband has not appeared before the Court so far. 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 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 :- 25.7.2025//Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad