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Neutral Citation No. - 2025:AHC:128145 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2509 of 2025 Applicant :- Shipra Dwivedi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ram Chandra Solanki 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 expedite the Complaint Case No.3771 of 2021 under Section 406 I.P.C., Police Station- Friends Colony, District- Etawah pending in the Court of learned A.C.J.M. 1st, Etawah expeditiously within a stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. Supplementary affidavit filed today is taken on record.
3. It is submitted by the learned counsel for the applicant that the applicant is the complainant/ aggrieved wife in the said case, which is pending since 2021. It is further submitted that after several efforts made by the trial Court ultimately the accused persons appeared and the matter was fixed for recording the evidence under Section 244 Cr.P.C. The Court concerned is not taking proper interest in disposal of the said case.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record.
6. It appears from perusal of the record that the matter is pending for recording the evidence under Section 244 Cr.P.C., however, although the complainant/ wife is appearing before the Court but she is not adducing any evidence under Section 244 Cr.P.C. Since the applicant is the complainant it is her duty to brought her evidence under Section 244 Cr.P.C. before the Court, hence the delay is now attributed to the conduct of the complainant/ wife herself.
7. In the circumstances, the applicant is directed to appear before the trial Court just on the next date of listing to record the evidence under Section 244 Cr.P.C. and if the applicant cooperates with the trial Court, all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment.
8. With the above observations, the application stands disposed of. Order Date :- 31.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad