Savita Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

Savita Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 528 BNSS disposed of with liberty to the applicant to apply before the court concerned (CJM, Ghaziabad) for time-bound disposal; that court to consider such application and pass appropriate orders per law; prosecution to cooperate and produce witnesses without delay; no unnecessary adjournments to the accused; any legal impediment to be disclosed by appropriate order.

Issue for consideration

Whether the High Court should direct the learned Chief Judicial Magistrate, Ghaziabad to decide Case No. 12029 of 2022 (arising out of Case Crime No. 993 of 2019) within a stipulated time-bound period, as prayed by the applicant-informant. +1 more

Court's answer

The application was disposed of with liberty to the applicant to prefer an application before the court concerned (Chief Judicial Magistrate, Ghaziabad) for time-bound disposal of the case; upon any such application being filed, that court shall consider it and pass appropriate order in accordance with law.

Ratio / Principle

Since learned counsel for the applicant showed no exceptional circumstances, this Court refrained from issuing at this stage a direction fixing a stipulated period for disposal, consistent with the Supreme Court ruling that such directions lie only in exceptional circumstances.

Key takeaways

The prosecution shall cooperate in the trial court proceedings and produce the prosecution witnesses without delay.ratio¶15
The accused persons shall not be granted any unnecessary adjournments by the court concerned.ratio¶15
If any legal impediment arises before the court concerned in disposing of the case, that court shall pass an appropriate order disclosing the impediment and why the proceedings cannot proceed.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.) disposed of Application U/S 528 BNSS No. 24511 of 2025 filed by Savita, the informant in Case No. 12029 of 2022 (State versus Sandeep and another), arising out of Case Crime No. 993 of 2019 under sections 498-A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Sahibabad, District Ghaziabad, pending before the Chief Judicial Magistrate, Ghaziabad, seeking a direction that the trial be concluded within a stipulated period. Invoking the Supreme Court judgment dated 29.2.2024 in High Court Bar Association, Allahabad versus State of U.P and others (2023 INSC 150) - quoted therein as holding that Constitutional Courts should ordinarily refrain from fixing time-bound disposal schedules and may do so only in exceptional circumstances, with prioritisation best left to the concerned court - the Court found that no exceptional circumstances had been shown and declined to fix a period itself. It disposed of the application with liberty to the applicant to prefer an application for time-bound disposal before the court concerned, which was to consider it and pass appropriate order in accordance with law; the prosecution was to cooperate and produce prosecution witnesses without delay, the accused was not to be granted unnecessary adjournments, and any legal impediment was to be disclosed by an appropriate order. Order dated 15.7.2025.

Neutral Citation No. - 2025:AHC:113837

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 24511 of 2025

Applicant :- Savita Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Kumar,Rupesh Kumar Ram Counsel for Opposite Party :- G.A.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicant and learned A.G.A. For the State.

The present application has been filed by applicant with the following relief:-

"It is, therefore most respectfully prayed that this Hon'ble court may kindly be pleased to allow the application directing the Learned Chief Judicial Magistrate. Ghaziabad to decide the case no. 12029 of 2022 State Versus Sandeep and another arising out of case crime no. 993 of 2019 under section 498-A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act police Station Sahibabad District Ghaziabad, within stipulated period as this Hon'ble Court may deem fit and proper. Otherwise the applicant shall suffer irreparable loss and injury which can not be compensated in any terms of money."

Learned counsel for the applicant submits that the proceedings before the court concerned be directed to be concluded in a time bound manner. It is submitted by learned counsel for the applicant that the applicant is the informant before the court concerned.

Learned AGA submits that the speedy trial is one of the essential requirement of judicial process and he submits that the present application may be decided in terms of judgement dated 29.2.2024 passed by Supreme Court in High Court Bar Association, Allahabad Vs State of U.P and others – 2023 INSC 150.

The prayer in the present application by the applicant is for disposal of the above mentioned case in a time bound manner. The Supreme Court in a recent judgement dated 29/2/2024 being High Court Bar Association, Allahabad Vs State of U.P and others (supra) has held as under :-

"Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending

before any other Courts. Constitutional Courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending; and"

Learned counsel for the applicant has not shown any exceptional circumstances to issue direction at this stage. Considering the nature of prayer made by counsel for the applicant, the interest of justice would be served, in the event, the applicant applies before the court concerned for expeditious disposal of the above mentioned case.

In view of the aforesaid, the present application is disposed of with liberty to the applicant to prefer an application before the court concerned for disposal of the above mentioned case in a time bound manner. In the event any such application is filed by the applicant before the court concerned, the court concerned shall consider the same and pass appropriate order in accordance with law. It goes without saying that the prosecution shall co-operate in the trial court proceeding and shall produce the prosecution witness without delay. The accused person shall also not be granted any unnecessary adjournment by the court concerned.

It is also provided that in the event there is any legal impediment before the court concerned in disposal of the case, then the court concerned shall pass an appropriate order disclosing the legal impediment as to why the proceedings of the above mentioned case cannot be proceeded with.

The present application under Section 528 BNSS is accordingly disposed of with the aforesaid direction.

Order Date :- 15.7.2025 D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad