Sarita vs State of U.P. and 8 Others — Dowry and Cruelty | Allahabad HC (2025)

Sarita vs State of U.P. and 8 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Directions issued to the court concerned to procure the presence of accused/opposite party nos. 2 to 9 by appropriate process within three months of production of the certified copy of the order, to thereafter strive for expeditious disposal considering the heavy workload, with all stake holders (police, execution authorities, advocates, parties, staff) bound to assist; with these observations the application was disposed of.

Issue for consideration

Whether the court concerned should be directed to decide Complaint Case No. 3508 of 2022 expeditiously within a stipulated period. +1 more

Court's answer

After securing the presence of the accused, all endeavours were to be made by the court for expeditious disposal of the case, keeping in view the heavy work load in the said court.

Ratio / Principle

The trial court is expected to invoke its power to ensure service of process upon the accused persons, who have not appeared despite the case pending since 2022, so as to procure their presence.

Key takeaways

The court concerned was directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 9 by sending appropriate process to them within three months from the date of production of the certified copy of the order before it.ratio¶10
Besides the Presiding Officer, all stake holders — police and execution authorities, advocates, parties to the case, staff etc. — were declared bound by the order to assist the court in every manner for expeditious disposal of the case.ratio¶11

Detailed headnote1 paragraphs

Application under Section 529 BNSS by Sarita, aggrieved wife of opposite party no. 2, seeking expeditious decision of Complaint Case No. 3508 of 2022 (Sections 498A, 323, 406, 313, 504, 506 IPC and 3/4 D.P. Act), Police Station Suriyawan, District Bhadohi, pending since 2022 before Civil Judge (J.D.)/Fast Track Court (Women Violence), Bhadohi at Gyanpur. Order sheets showed the accused had not appeared. Nalin Kumar Srivastava, J. directed the court concerned to procure the presence of accused/opposite party nos. 2 to 9 by appropriate process within three months of production of the certified copy and thereafter strive for expeditious disposal given the heavy workload, and bound all stake holders (police, execution authorities, advocates, parties, staff) to assist. Application disposed of; Order Date 21.7.2025.

Court No. - 83

Case :- APPLICATION U/S 529 BNSS No. - 2020 of 2025

Applicant :- Sarita Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Madan Mohan 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 decide the Complaint Case No.3508 of 2022 under Sections 498A, 323, 406, 313, 504, 506 IPC, and 3/4 D.P. Act, Police Station Suriyawan, District- Bhadohi pending in the Court of Civil Judge (J.D.)/ Fast Track Court Women Violence, Bhadohi at Gyanpur expeditiously within a stipulated period.

Heard 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 the applicant is the aggrieved wife of opposite party no.2 in the aforesaid case. It is further submitted that the said case is pending at the stage of appearance and the Court concerned is not taking proper interest to ensure the appearance of the accused persons before it. 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 2022. 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 9 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, keeping in view the heavy work load in the said Court.

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 :- 21.7.2025//Fhd

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad