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2025 DAILYLAW 8604 (ALL)

SMT. JAGRITI AGNIHOTRI v. STATE OF U.P. AND ANOTHER

NA529/93/2025 · 2025-01-30

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:15781 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 93 of 2025 Applicant :- Smt. Jagriti Agnihotri Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed with a prayer to issue direction to the Court of Addl. Principal Judge, Family Court-IVth, Kanpur Nagar to decide the Criminal Misc. Case No.1701 of 2024 (Smt. Jagriti Agnihotri Vs. Ashish Agnihotri) under section 379 B.N.S.S. (old section 340 Cr.P.C.) pending before it, 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 379 B.N.S.S. was moved by the applicant before the court concerned on 16.8.2024 wherein no objection was filed by the opposite party no.2 till date and since then the matter is kept pending before the court concerned and no proceeding, as such, is being taken place. It is further submitted that as a matter of fact only dates are being fixed in the case without any effective proceeding. 4. I have considered the submissions and perused the entire record. 5. The copies of the order-sheets have been appended with the affidavit filed in support of the present application and a perusal of which reveals that no further proceeding took place before the court concerned and only dates are being fixed in the case. Application u/s 379 B.N.S.S. is a miscellaneous proceeding which may be decided expeditiously by the trial court, but it appears that except fixing dates in the matter, no proceeding took place in the aforesaid complaint case. 6. In these circumstances, the Court concerned is directed to make all endeavours for expeditious disposal of the aforesaid case, if there is no legal impediment. 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 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 :- 31.1.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad