Smt. Rajani Singh vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Smt. Rajani Singh vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Additional Chief Judicial Magistrate, Nagina, District Bijnor to pass appropriate order on the complaint within 30 days from the date of production of a certified copy of this order before the Court concerned; notices to opposite party nos. 2 to 5 dispensed with.

Issue for consideration

Whether the High Court should intervene to secure expeditious disposal of the complaint case pending before the Additional Chief Judicial Magistrate, Nagina, where the summoning order has been awaited since 24.02.2023 notwithstanding completion of Section 200/Section 202 CrPC stages.

Court's answer

On perusal of the order-sheet, the Court found that the case had been pending for passing of the summoning order since 24.02.2023 and that the subsequently passed orders appeared stereotyped, evidencing undue delay.

Ratio / Principle

The Court directed that the Magistrate concerned shall pass appropriate order on the complaint within 30 days from the date of production of the certified copy of this order, the certified copy to be presented by the applicant or her counsel.

Key takeaways

The Court dispensed with issuing notices to opposite party nos. 2 to 5, treating the applicant's prayer for expeditious disposal as innocuous.ratio¶3

Detailed headnote1 paragraphs

Allahabad High Court (Avnish Saxena, J., 6 October 2025) disposed of an application under Section 529 BNSS (No. 3632 of 2025) by Smt. Rajani Singh seeking expedition of Criminal Case No. 2233 of 2022 — her protest petition against the final report on FIR Case Crime No. 160 of 2020 (Ss. 323, 504, 506 IPC, P.S. Afzalgarh, Dist. Bijnor), converted into a complaint — which had stood pending for the summoning order since 24.02.2023 despite statements under Ss. 200 and 202 CrPC. Finding the intervening orders stereotyped, the Court directed the Additional Chief Judicial Magistrate, Nagina, to pass appropriate order on the complaint within 30 days of production of a certified copy of its order, dispensing with notices to the opposite parties as the prayer was innocuous.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 529 BNSS No. - 3632 of 2025

Smt. Rajani Singh

	Versus .....Applicant(s)
State Of U.P. And 4 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Rajiv Sisodia, Shiv Anand Chaurasiya
Counsel for Opposite Party(s)	: G.A.

Court No. - 83

HON'BLE AVNISH SAXENA, J.

Sri Shashank Dwivedi, learned advocate holding the brief appears for the applicant and submits that applicant has moved this application under Section 529 of B.N.S.S. for issuance of direction to expedite the Criminal Case No.2233 of 2022 (Smt. Rajani Singh Versus Smt.Muneshwari and three others) arising out of Case Crime No. 160 of 2020, FR Case No.14 of 2021 (State of U.P. Versus Smt. Rajani Singh ) under Sections 323, 504 and 506 I.P.C., Police Station Afzalgarh, District Bijnor pending in the court of Additional Chief Judicial Magistrate, Nagina, District Bijnor. It is submitted that the applicant has lodged the F.I.R. against opposite party nos. 2 to 5 for offence under Sections 323, 504 and 506 I.P.C., which ended in submission of final report. The applicant being aggrieved by the final report has filed the protest petition, which is converted to a complaint. He further submits that after the statement of applicant under Section 200 Cr.P.C. and providing witnesses under Section 202 Cr.P.C., the case is pending for summoning order since 24.02.2023. Hence, he seeks interference by this Court for issuance of direction for expeditious disposal of the case.

Learned A.G.A. appears for State and submits that the applicant herself is not appearing before the court, which is clear from the order-sheet of trial Court.

There is no point in issuing notices to opposite party nos. 2 to 5, as the innocuous prayer of the applicant is for expeditious disposal of the case.

NA529 No. 3632 of 2025

2

This Court has taken into consideration the rival submissions made by the parties and perused the record. Perusal of the order-sheet reveals that the case is pending for passing order on summoning since 24.02.2023. The subsequent orders passed by the Court seem to be stereotyped orders. The Magistrate concerned shall pass appropriate order on complaint within 30 days from the date of production of certified copy of this order. The applicant or her counsel may present certified copy of this order before the Court concerned.

The application is accordingly disposed of.

October 6, 2025

MN/-

(Avnish Saxena,J.)

Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad