Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4875 of 2026 Court No. - 78 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the applicant, learned A.G.A. and perused material on record. The present application has been filed by the applicant with prayer to direct the learned trial court to decide the Case No. 1503 of 2026 (State Vs. Diamond Kumar) arising out of Case Crime No. 249 of 2025, under Sections 85, 115(2), 351(3), 352 BNS and Section 3/4 Dowry Prohibition Act, Police Station Bhatni, District Deoria. It is submitted by learned counsel for the applicant that in this case, applicant is informant and wife of opposite party no. 2 who is living separate from him due to maltreatment and lodged an F.I.R. against the opposite party nos. 2, 3 and 4. Charge sheet was filed by the Investigating Officer and learned trial court took cognizance of the offence, thereafter process has been issued by the learned trial court but they are not appearing, therefore request to direct the learned trial court to proceed with the case expeditiously and decide it within the stipulated period of time. Learned A.G.A. has no objection in this regard. Considering the facts and circumstances of the case and submission made by learned counsel for applicant as well as learned A.G.A. and perusal of record and order sheet, it appears that cognizance of the offence was taken by the learned trial court on 6.2.2026. Learned trial court has also directed to the concerned police officials to send service report and then called explanation from the Station House Officer which shows no any reluctance or laxity on Versus Counsel for Applicant(s) : Ch. Dil Nisar, Viresh Kumar Yadav Counsel for Opposite Party(s) : G.A. Smt Sapna Kumari .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
the part of the learned trial court. In view of large number of cases pending before the learned trial court, a particular case cannot be directed to be decided within stipulated period of time unless there are exceptional circumstances those are lacking in the present case. However, it is expedient to direct the learned trial court to make its endeavor to proceed with the case in accordance with law, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment.
Accordingly, the present application is disposed of, finally. September 23, 2026 Anurag Singh NA529 No. 4875 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad