Allahabad High Court
Smt Shabnam vs State Of U.P Through Its Principal ... on 15 May, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:86841 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1399 of 2025 Applicant :- Smt Shabnam Opposite Party :- State Of U.P Through Its Principal Secretary (Home) And 5 Others Counsel for Applicant :- Akhilesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Case No.2017 of 2023 (State Vs. Nadim and others) arising out of Case Crime No.0277 of 2022 under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Khoda, District Ghaziabad, pending in the Court of Addl. Civil Judge (S.D.), Court No.2, Ghaziabad, expeditiously within a stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. It has been submitted by the learned counsel for the applicant that the applicant before this Court is the aggrieved wife / informant of this case. The case is pending since 2023. Although the charge-sheet in this matter was submitted and cognizance was taken but however after several efforts, the opposite parties no.2 to 6 / accused persons were not appearing before the court concerned and that is the reason non-bailable warrants were issued against them but still they are absconding.
4. I have considered the submissions and perused the entire record.
5. The present case is pending for appearance of opposite parties no.2 to 6 / accused persons but they are not appearing despite several process sent to them. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under its name.
6. In the circumstances, the Court concerned is directed to make all possible endeavours and effective steps to ensure the appearance of the accused before the court within a period of three months from the date of production of certified copy of this order. It is also directed that on the date fixed by the trial court the accused persons shall appear before the Court and no adjournment or exemption for appearance will normally be granted to them on any ground whatsoever and thereafter the court concerned is directed to make all possible endeavours to dispose of the case under reference as expeditiously as possible without granting any unnecessary adjournments to either of the parties, keeping in view the work load in the said Court, if there is no other 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 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.
8. With the above observations, the application stands disposed of.
Order Date :- 15.5.2025 ss