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2025 DAILYLAW 8514 (ALL)

SUNITA DEVI v. STATE OF U.P.

A483/92/2025 · 2025-01-31

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14829 Court No. - 82 Case :- APPLICATION U/S 483 No. - 92 of 2025 Applicant :- Sunita Devi Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Complaint Case No. 2240 of 2021, under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 Dowry Prohibition Act, Police Station Alinagar, District Chandauli pending in the Court of Civil Judge (JD)/FTC-1, Chandauli, 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 application U/S 156(3) CrPC moved by the applicant has been treated as complaint case. Summoning order in the matter was passed on 2.1.2023 against three accused persons and they were summoned to face trial under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 Dowry Prohibition Act but out of them, only two accused persons, namely, Ramashraya Yadav and Shanti Devi have appeared before the Court and obtained bail and the third accused i.e husband of the applicant has not appeared in the matter and the trial is pending and only dates are being fixed. It is also submitted that the Court concerned is not taking any interest for disposal of the case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the entire record. 6. It reveals from the perusal of the order sheets that summoning order was passed on 2.1.2023 but the husband of the applicant did not appear before the Court so far. It is reminded that the criminal Courts are not helpless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under law itself. 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. 7. In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of Anil Yadav / accused / husband of the applicant 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 preferably within one year, if there is no legal impediment. 8. 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. 9. With the above observations, the application stands disposed of. Order Date :- 31.1.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad