Disposed¶11

Suman Maurya v. State of U.P. and Another

Allahabad HC11 Mar 2025NA529/327/2025

Case brief

AI extract

What is this about?

Expeditious trial direction under s.529 BNSS (Allahabad HC, 12.03.2025, 2025:AHC:37905); speedy disposal mandate; two-month timeline fixed for completion of witness cross-examination; stakeholder cooperation duty (police, executive, counsel, parties); delay in 498-A/323 IPC and Dowry Prohibition Act trial at Jaunpur; no precedent engaged; single-judge bench (Nalin Kumar Srivastava, J.).

What did the court decide?

Direction issued to the trial court to complete the cross-examination of P.W.1 within two months of production of the certified copy of the order and thereafter to expedite disposal of Case No.1034 of 2017; police, executive authorities, counsels, parties and staff declared bound to assist the Court. With these observations, the application stands disposed of. ¶11

Suman Maurya Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the Court of Addl. Chief Judicial Magistrate-IV, Jaunpur to decide the pending Case No.1034 of 2017 expeditiously within a stipulated period.

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Court's answer

The Court of Addl. Chief Judicial Magistrate-IV, Jaunpur is directed to complete the cross-examination of P.W.1 within two months from the date of production of a certified copy of this order, and thereafter to make all endeavours for the expeditious disposal of Case No.1034 of 2017, if there is no legal impediment.

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Ratio / Principle

Besides the Presiding Officer, all stakeholders in the trial, namely police and executive authorities, counsels, parties to the case and staff, are made bound by the order and it is their responsibility to assist the Court in every manner for the expeditious disposal of the case.

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Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nalin Kumar Srivastava, J.), Neutral Citation 2025:AHC:37905, Order dated 12.03.2025 — Application under Section 529 BNSS by the informant seeking expeditious disposal of Trial Case No.1034 of 2017 (Sections 498-A and 323 IPC; Sections 3/4 Dowry Prohibition Act), pending since 2017 before Addl. CJM-IV, Jaunpur, stalled at the cross-examination stage of P.W.1 despite repeated dates. Held/Directed: (i) trial court to complete cross-examination of P.W.1 within two months of production of certified copy of the order and thereafter strive for expeditious disposal absent legal impediment; (ii) all stakeholders — police and executive authorities, counsels, parties and staff — bound by the order and obliged to assist the Court. Application disposed of accordingly.

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Neutral Citation No. - 2025:AHC:37905

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Court No. - 82

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Case :- APPLICATION U/S 529 BNSS No. - 327 of 2025 Applicant :- Suman Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Srivastava,Navin Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 529 BNSS has been filed with a prayer to direct the Court of Addl. Chief Judicial Magistrate-IV, Jaunpur to decide the Case No.1034 of 2017 (Suman Maurya Vs. Subhash Chandra Maurya) under Section 498-A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Sigramau, District Jaunpur, expeditiously within a stipulated period.

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

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It is submitted by the learned counsel for the applicant is the informant in this case, which is pending since 2017 and on 15.5.2018 summoning order was passed against the opposite party no.2 to face trial in this case. However, subsequently when he appeared, evidence under section 244 Cr.P.C. was recorded and after framing of charge, the matter was fixed for cross-examination of P.W.1 under section 246 Cr.P.C.

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It reveals from the perusal of copies of the order-sheet, which have been appended with the affidavit accompanying the present application, that many dates have been given by the court to the accused to complete the cross-examination of P.W.1, but he is not cooperating with the trial court.

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In these circumstances, the Court concerned is directed to complete the crossexamination of P.W.1 within a period of two months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for the expeditious disposal of the aforesaid case, if there is no legal impediment.

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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.

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With the above observations, the application stands disposed of.

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Order Date :- 12.3.2025 / ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Suman Maurya v. State of U.P. and Another

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Suman Maurya v. State of U.P. and Another

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