Mumtaj Begum Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Mumtaj Begum Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued to the trial court to frame charge in Case No. 244 of 2019 within two months of production of a certified copy of the order; all accused persons to appear on every fixed date with no adjournment or exemption on any ground; all endeavours thereafter for expeditious disposal; all stakeholders (police, executive authorities, counsels, parties, staff) bound to assist the court.

Issue for consideration

Whether the High Court should direct the trial court (Special Chief Judicial Magistrate, Allahabad) to decide Case No. 244 of 2019 expeditiously within a stipulated period.

Court's answer

The court concerned is directed to frame charge in Case No. 244 of 2019 as per law within two months from the date of production of a certified copy of this order before it.

Ratio / Principle

On every date fixed by the trial court all the accused persons shall appear before the court, and no adjournment or exemption for appearance shall be granted to any accused person on any ground whatsoever.

Key takeaways

Thereafter all endeavours shall be made by the trial court for expeditious disposal of the case, if there is no legal impediment.ratio¶5
Besides the Presiding Officer, all stakeholders i.e. police and executive authorities, counsels, parties to the case and staff are made bound by this order to assist the court in every manner for expeditious disposal of the case.ratio¶6

Detailed headnote1 paragraphs

Application under Section 529 BNSS by complainant Mumtaj Begum seeking expeditious disposal of Case No. 244 of 2019 (arising out of case crime no. 0288 of 2018, under Sections 504, 506, 420, 406 IPC, Police Station Colonelganj, District Prayagraj), pending at the framing-of-charge stage before the Special Chief Judicial Magistrate, Allahabad, where the bailed-out accused were not appearing together. Directing the framing of charge within two months from production of a certified copy of the order, compelling appearance of all accused on every fixed date without adjournment or exemption on any ground, binding all stakeholders to assist expeditious disposal, the application was disposed of. (Nalin Kumar Srivastava, J.; 3.3.2025)

Neutral Citation No. - 2025:AHC:29630

Court No. - 82

Case :- APPLICATION U/S 529 BNSS No. - 369 of 2025

Applicant :- Mumtaj Begum Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Imtiyaj Ali,Izharul Haque 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 Case No. 244 of 2019, arising out of case crime no. 0288 of 2018, under Sections 504, 506, 420, 406 IPC, Police Station Colonelganj, District Prayagraj pending in the Court of Special Chief Judicial Magistrate, Allahabad 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 complainant of the aforesaid case. The case is pending at the stage of framing of charge and the accused persons are applying delaying tactics. They are not appearing before the Court together and only dates are being fixed. It is also submitted that an application U/S 482 No. 18942 of 2019 has been preferred by the accused persons which is still pending and no effective order has been passed so far. The case is very old. The court concerned is not taking proper interest in disposal of the case.

I have considered the submissions and perused the entire record.

It reveals from the perusal of the order sheets that the said case had been kept pending at the stage of framing of charge as the accused persons are not appearing before the Court together. They have obtained bail. In the circumstances, the Court concerned is directed to frame charge in this case as per law within two months from the date of production of certified copy of this order before it. It is also directed that on the date fixed by the trial court all the accused persons shall appear before the Court and no adjournment or exemption for appearance will be granted to any of the accused persons on any ground whatsoever and thereafter all endeavours

shall be made by it for expeditious disposal of the case, 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 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 :- 3.3.2025 safi

Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad