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Neutral Citation No. - 2025:AHC:72901 Court No. - 75 Case :- APPLICATION U/S 482 No. - 1898 of 2025 Applicant :- Suman Rai Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Abhishek Mishra,Ram Bali Ram Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Personal affidavits, filed by Superintendent of Police, Sant Kabir Nagar and S.H.O., Khalilabad, Sant Kabir Nagar are taken on record. 2. Heard Sri Ramdhan Kumar, Advocate holding brief of Sri Ram Bali Ram, learned counsel for the applicant and Sri Pankaj Saxena, learned A.G.A. for the State. 3. The present application has been filed to direct the learned Judicial Magistrate/F.T.C. (Women), Azamgarh, to decide/expedite the trial of Case No. 2739/2023 (State Vs. Rahul Rai), u/s 376, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station- Jiyanpur, District- Azamgarh, arising out of Case Crime No. 536/2023, presently pending before him, within stipulated period of time. 4. In compliance of the earlier order dated 21.4.2025, S.P., Sant Kabir Nagar, Mr. Satyajeet Gupta as well as S.H.O., P.S. Khalilabad, Sant Kabir Nagar, Mr. Pankaj Kumar Pandey, have filed their personal affidavits, mentioning therein that as soon as the process was received from the concerned court, it was marked to the concerned police station. However, it was found that the concerned police station instead of executing the same, returned the process of the court, with the endorsement that the accused was residing at a different police station. 5. It is further mentioned in the personal affidavits that after conducting a preliminary enquiry, it was found that Mr. Satish Kr. Singh, earlier incharge Inspector as well as one Mr. Krishna Kr. Yadav, Head Constable, P.S. Khalilabad were found negligent in execution of the process of the court, issued by the Judicial Magistrate/F.T.C. (Women), Azamgarh. Therefore, the show cause notices have also been issued to those guilty police officers and after getting reply, required action will also be taken against them. 6. In view of the above, this Court finds that apparently there is no negligent on the part of the S.P., Sant Kabir Nagar as well as the present S.H.O., P.S. Khalilabad. Therefore, no further direction is required to be passed so far as the present S.H.O. of P.S. Khalilabad is concerned. 7.
As the process of the court has already been executed; accused have surrendered before this Court and obtained bail, therefore, the court below is directed to decide the trial of Case No. 2739/2023 (State Vs. Rahul Rai), u/s 376, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station- Jiyanpur, District- Azamgarh, arising out of Case Crime No. 536/2023, as expeditiously as possible without giving unnecessary adjournment to any of the parties. 8. With the aforesaid observation, the application is disposed of. Order Date :- 6.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad