Smt. Rohini @ Kavita Kashyap Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

Smt. Rohini @ Kavita Kashyap Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions to the learned trial court to take effective steps within two months to procure the presence of accused-opposite party nos. 2 and 3 and to make all endeavours for expeditious disposal of Complaint Case No. 1252 of 2022 if there is no legal impediment; all stakeholders (police, execution authorities, advocates, parties, staff) made bound to assist the Court.

Issue for consideration

Whether the learned trial court should be directed to decide Complaint Case No. 1252 of 2022 (under Sections 498A, 323 IPC and Section 4 Dowry Prohibition Act) expeditiously within a stipulated period. +1 more

Court's answer

The learned trial court is directed to take effective steps for procuring the presence of the accused-opposite party nos. 2 and 3 within a period of two months.

Ratio / Principle

The trial court is further directed to make all endeavours for expeditious disposal of Complaint Case No. 1252 of 2022 (Smt. Rohini @ Kavita Kashyap vs. Ramdev and others), if there is no legal impediment.

Key takeaways

The trial court is expected to invoke its power to ensure service of process upon the accused persons, sent under its seal and order, in order to procure their presence.ratio¶10
General observation: criminal courts are never toothless or powerless to ensure compliance of their own orders by the concerned police and administrative authorities; they have ample powers for the same in the law itself.obiter¶10
Besides the Presiding Officer, all stakeholders 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 the expeditious disposal of the case.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Nalin Kumar Srivastava, J.), by order dated 2.4.2025, disposed of an application under Section 529 BNSS seeking expeditious disposal of Complaint Case No. 1252 of 2022 (Smt. Rohini @ Kavita Kashyap vs. Ramdev and others) under Sections 498A, 323 IPC and Section 4 Dowry Prohibition Act, Police Station Achhalda, District Auraiya. Although a summoning order had been passed on 26.06.2023, accused-opposite party nos. 2 and 3 were not appearing and the case stood pending at the stage of appearance. Observing that criminal courts are never toothless or powerless and possess ample powers under law to ensure compliance of their own orders, the Court directed the trial court to invoke its power to ensure service of process, to take effective steps to procure the presence of the accused-opposite party nos. 2 and 3 within two months, and to make all endeavours for expeditious disposal of the complaint case if there is no legal impediment. The Presiding Officer, police, execution authorities, advocates, parties and staff were all made bound by the order to assist in expeditious disposal.

Neutral Citation No. - 2025:AHC:45896

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 226 of 2025

Applicant :- Smt. Rohini @ Kavita Kashyap Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Singh Sengar,Raja Singh Parihar,Vijay Singh Sengar Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide the Complaint Case No. 1252 of 2022 (Smt. Rohini @ Kavita Kashyap Vs. Ramdev and others), under Sections 498A, 323 I.P.C. and 4 Dowry Prohibition Act, Police Station Achhalda, District Auraiya, 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 before this Court is complainant. This case relates to the year 2022 and summoning order was passed on 26.06.2023 but the accused opposite party nos. 2 and 3 are not appearing before the court and case is still pending at the stage of appearance of the accused-opposite party nos. 2 and 3.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record. It reveals from the perusal of the order sheets that the present case is pending at the stage of appearance of the opposite party nos. 2 and 3. Summoning order was passed on 26.06.2023 against them but they are not appearing in the court. It is reminded that the criminal courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same in the law itself. 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 facts and circumstances of the case, the learned trial court is directed to take effective steps for procuring the presence of the accused-opposite party nos. 2 and 3 within a period of two months from today and to make all the endeavours for expeditious disposal of Complaint Case No. 1252 of 2022 (Smt. Rohini @ Kavita Kashyap Vs. Ramdev and others), under Sections 498A, 323 I.P.C. and 4 Dowry Prohibition Act, Police Station Achhalda, District Auraiya, if there is no legal impediment.

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 execution authorities, advocates, parties to the case, staff 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 :- 2.4.2025 Rmk.

Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad