Smt. Rajni Rani vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

Smt. Rajni Rani vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the court concerned to procure the presence of accused/opposite party nos. 2 to 7 by appropriate process within three months of production of a certified copy of the order, and thereafter to endeavour expeditious disposal of Complaint Case No. 2809 of 2023; police, execution authorities, advocates, parties and staff declared bound to assist the Court.

Issue for consideration

Whether the court concerned should be directed to expedite and decide Complaint Case No. 2809 of 2023 within a stipulated period. +1 more

Court's answer

The Court directed the court concerned to take all possible measures, including sending appropriate process, to procure the presence of the accused/opposite party nos. 2 to 7 within three months from the date of production of a certified copy of the order, and thereafter to make all endeavours for expeditious disposal of the case if there is no legal impediment.

Ratio / Principle

The trial court is expected to invoke its power to ensure service of process upon the accused persons so as to procure their presence.

Key takeaways

Besides the Presiding Officer, all stake holders i.e. police and execution authorities, advocates, parties to the case and staff are made bound by the order to assist the Court in every manner for expeditious disposal of the case.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) disposed of an application under Section 529 BNSS by Smt. Rajni Rani, complainant and wife of opposite party no. 2, seeking expedition of Complaint Case No. 2809 of 2023 (Smt. Rajni Rani versus Karan Sara and others) under Sections 498-A, 323, 504, 506, 406, 354 IPC and Section 3/4 of the D.P. Act, Police Station Khoda, District Ghaziabad, pending since 2023 before the Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad, where the matter remained at the stage of appearance with some accused not appearing despite warrants. Noting from the order sheets that the accused had not appeared, the Court directed the trial court to take all possible measures, including appropriate process, to procure the presence of accused/opposite party nos. 2 to 7 within three months of production of a certified copy of the order, and thereafter to strive for expeditious disposal absent legal impediment; the Presiding Officer, police, execution authorities, advocates, parties and staff were all declared bound to assist in expeditious disposal.

Neutral Citation No. - 2025:AHC:70478

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 1167 of 2025

Applicant :- Smt. Rajni Rani Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey

Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to expedite/decide the Complaint Case No. 2809 of 2023 (34 of 2023) (Smt. Rajni Rani versus Karan Sara and others), under Sections 498-A, 323, 504, 506, 406, 354 IPC and Section 3/4 of D.P. Act, Police Station Khoda, District Ghaziabad pending in the Court of Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad expeditiously within a stipulated period.

Heard Sri Luvkush Dixit under the authority of Sri Krishna Kant Dubey, learned counsel for the applicant as well as learned A.G.A. for the State.

It is submitted by the learned counsel for the applicant that applicant in this case is the complainant and aggrieved wife of opposite party no. 2. The case relates to the year 2023 but still running at the stage of appearance of opposite party nos. 2 to 7/accused persons. Some of them are appearing before the Court but against some accused persons warrants have been issued by the trial court but still they are not appearing before the Court and the Court concerned is not taking proper interest to ensure the appearance of the said accused before it. It is also submitted that two years have elapsed and the case is still at the stage of appearance. The trial court is not taking any interest for disposal of the case.

I have considered the submissions and perused the entire record.

It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2023. The accused persons have not appeared before the Court so far. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused.

In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused/opposite party nos. 2 to 7 by sending appropriate process to them within three months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment.

It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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.

With the above observations, the application stands disposed of.

Order Date :- 2.5.2025 #Vik/-

Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad