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2025 DAILYLAW 81215 (ALL)

SONI v. STATE OF U.P. AND ANOTHER

NA529/2523/2025 · 2025-07-31

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129184 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2523 of 2025 Applicant :- Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gulshan Kumar,Lakshmi Kant Pandey,Sandeep Kumar Pandey 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. 657 of 2023, under Section 125 CrPC, Police Station Noorpur, District Bijnor pending in the Court of Principal Judge, Family Court, Bijnor expeditiously within 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. The aforesaid case is pending since 2023. The case is at the stage of appearance of the opposite party no.2. He is not appearing before the Court and due to his non- appearance the case is pending unnecessarily without any proper and effective proceeding. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reflects from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of opposite party no.2. The trial court is expected to invoke its power provided under law 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. 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 and to ensure the actual compliance by the office of its own orders within two months from the production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, preferably within a period of one year, if there is no legal impediment and also keeping in view the work load of the said Court. 7. 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. 8. With the above observations, the application stands disposed of. Order Date :- 1.8.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad