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Allahabad High Court

Suman Kumari vs State Of U.P. on 22 April, 2025





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:60679
 
Court No. - 75
 

 
Case :- APPLICATION U/S 528 BNSS No. - 35468 of 2024
 

 
Applicant :- Suman Kumari
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Lokesh Kumar Dwivedi,Piyush Mishra,Rajneesh Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.
 

1. Personal affidavit filed by Dr. Abhishek Mahajan, Superintendent of Police, Siddharth Nagar is taken on record.

2. Heard Sri Pankaj Saxena, learned AGA for the State.

3. The present application has been filed to direct the trial court to expedite the Criminal Case No. 2635 of 2020 (State vs. Baliram Gautam and others) under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station-Golauhaura, District Siddharth Nagar pending before the Judicial Magistrate, Court No. 1, Basi Siddharth Nagar within stipulated period.

4. In compliance of order dated 20.03.2025, the Superintendent of Police, Siddharth Nagar filed his personal affidavit mentioning therein that he has joined the post of Superintendent of Police, Siddharth Nagar on 23.12.2024 and he has received only one process of the court of the proceeding in question and thereafter police made several raids in the house of accused Balkesh in execution of non-bailable warrants issued against him. Thereafter, accused-Balkesh had appeared before the court below on 04.03.2025 and obtained bail. It is further mentioned in the aforesaid personal affidavit that to fix the responsibility for non-execution of the warrant against accused-Balkesh a preliminary inquiry was directed to be conducted by the Circle Officer, Shohratgarh, District Siddharth Nagar. In the preliminary report of the concerned Circle Officer, it was found that one Sub-Inspector Brijesh Singh, who is the Station House Officer of Police Station Golhaura, District Siddharth Nagar is found prima facie guilty, therefore, a show cause notice has been issued against Sub-Inspector Brijesh Singh and after considering his reply, appropriate action will be taken. It is further mentioned in the personal affidavit that he undertakes that in future, he will be more careful with regard to execution of process of the court.

5. As all the accused appeared before the court below, therefore, this court directs the court below to decide/conclude the trial of Criminal Case No. 2635 of 2020 (State vs. Baliram Gautam and others) under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station-Golauhaura, District Siddharth Nagar, as expeditiously as possible, without giving any unnecessary adjournment to any of the party.

6. With the aforesaid direction, the present application is disposed of.

Order Date :- 22.4.2025 #Vik/-