Seema Gupta Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Seema Gupta Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued to the court concerned to secure the presence of the accused through appropriate process, make all endeavours for expeditious disposal of Case No. 2028 of 2024, if possible within two months of production of a certified copy of the order (absent legal impediment); bar on unnecessary adjournments; all stakeholders directed to assist the Court.

Issue for consideration

Whether the trial court (Judicial Magistrate/CJM, Azamgarh) should be directed to decide Case No. 2028 of 2024 (State Vs. Subash Thathera) within a stipulated time, given pendency since 2023 and delay at the stage of appearance/evidence of the accused.

Court's answer

The Court concerned was directed to invoke its powers under the law to ensure the presence of the accused persons by sending appropriate process as early as possible, and to make all endeavours for expeditious disposal of the case, if possible within two months from the date of production of a certified copy of the order, if there is no legal impediment.

Ratio / Principle

No unnecessary adjournment will be sought/granted in the case.

Key takeaways

Besides the Presiding Officer, all stakeholders (police and executive authorities, counsels, parties to the case, staff etc.) are made bound by the order to assist the Court in every manner for expeditious disposal of the case.ratio¶13

Detailed headnote1 paragraphs

Application under Section 529 of the B.N.N.S., 2023 by the victim/informant (Seema Gupta) seeking a direction to the Judicial Magistrate, Azamgarh to decide Case No. 2028 of 2024 (State Vs. Subash Thathera), arising out of case crime no. 242 of 2023 under Section 67 of the Information & Technology Act, 2008 and Section 120-B IPC, P.S. Bardah, District Azamgarh, pending before the Chief Judicial Magistrate, Azamgarh, within stipulated time. F.I.R. of 2023; charges framed 2024; case pending at the stage of appearance/evidence of accused; applicant alleged delaying tactics by accused. The Court directed the court concerned to invoke its powers to ensure the accused's presence by appropriate process and to strive for expeditious disposal, if possible within two months of production of a certified copy of the order if there is no legal impediment; no unnecessary adjournments to be sought/granted; police, executive authorities, counsels, parties and staff made bound to assist. Application disposed of (Nalin Kumar Srivastava, J.), order dated 20.2.2025.

Neutral Citation No. - 2025:AHC:25305

Court No. - 82

Case :- APPLICATION U/S 529 BNSS No. - 277 of 2025

Applicant :- Seema Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kant Singh Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 of B.N.N.S., 2023 has been filed with a prayer to direct the Judicial Magistrate, Azamgarh to decide the Case No. 2028 of 2024 (State Vs. Subash Thathera), arising out of case crime no. 242 of 2023, under Section 67 of Information & Technology Act, 2008 and Section 120-B IPC, Police Station Bardah, District Azamgarh pending before the Chief Judicial Magistrate, Azamgarh, within stipulated time.

Heard learned counsel for the applicant as well as learned A.G.A. for the State.

It has been submitted by the learned counsel for the applicant that the applicant is the victim/informant of this case and the said case is pending since the year 2023. It has further submitted that charges in this matter were framed in the year 2024 whereas F.I.R. was lodged in the year 2023, since then the matter is pending at the state of appearance of the accused persons. The applicant before this Court is a lady and she is compelled to run to the court unnecessarily on account of delaying tactics of accused persons.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record.

It reveals from the perusal of the order sheets that charges in this matter were framed in the year 2024 and since then the case is pending at the stage of evidence. In the circumstances, the Court concerned is directed to invoke the powers given to it under the law to ensure the presence of the accused persons by sending appropriate process as early as possible and make all endeavours for expeditious disposal of the case and if possible within two months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that

no unnecessary adjournment will be sought/granted.

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.

With the above observations, the application stands disposed of.

Order Date :- 20.2.2025 Vikram

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