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2025 DAILYLAW 77799 (ALL)

POONAM PAL v. STATE OF U.P. AND ANOTHER

NA529/2386/2025 · 2025-07-24

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123099 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2386 of 2025 Applicant :- Poonam Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar 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. 401 of 2022 under Sections 498-A, 323 IPC and 3/4 D.P. Act, Police Station- Gaura Badshahpur, District- Jaunpur pending in the Court of Judicial Magistrate-Ist, Jaunpur 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 aggrieved wife in the aforesaid case which is pending since 2022. 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. The Court concerned is not taking proper interest in disposal of 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 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