Ms Deepa Tyagi Vs State of U.P. and 4 Others — Dowry and Cruelty | Allahabad HC (2025)

Ms Deepa Tyagi Vs State of U.P. and 4 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions to the court concerned to take all possible measures to procure the presence of the accused/opposite parties by appropriate process, ensure actual compliance with its orders within two months of production of a certified copy, and thereafter expedite disposal of the case absent legal impediment; all stakeholders directed to assist.

Issue for consideration

Whether the High Court should direct the court concerned to decide Criminal Case No. 1467 of 2012, pending since 2012 before the Additional Chief Judicial Magistrate, Hapur, expeditiously within a stipulated period.

Court's answer

Since the case is very old and the accused/opposite parties have not appeared, the trial court is expected to invoke its powers under the CrPC to ensure service of process upon the accused persons so as to procure their presence.

Ratio / Principle

The court concerned is directed to take all possible measures to procure the presence of the accused/opposite parties by sending appropriate process, to ensure actual compliance by its office with its own orders within two months from the date of production of a certified copy of the order, and thereafter to make all endeavours for expeditious disposal of the case if there is no legal impediment.

Key takeaways

The Court/Presiding Officer is not the only stake holder in trial and disposal of a case; besides the P.O. concerned, all stake holders i.e. 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.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) disposed of an application under Section 483 Cr.P.C. (captioned as under Section 529 BNSS) filed by the complainant seeking expeditious disposal of Criminal Case No. 1467 of 2012 (arising out of case crime no. 338 of 2012) under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, pending since 2012 before the Additional Chief Judicial Magistrate, Hapur, and stalled at the stage of appearance/summoning after an earlier stay by the High Court (trial having resumed on 14.9.2022) with the accused not yet appearing. Holding that the trial court is expected to invoke its CrPC powers to ensure service of process on the accused, the Court directed all possible measures to procure their presence and actual compliance with process orders within two months of production of a certified copy of the order, followed by expeditious disposal if there is no legal impediment; the police, executive authorities, counsels, parties and staff were declared bound to assist the Court in every manner.

Neutral Citation No. - 2025:AHC:33285

Court No. - 82

Case :- APPLICATION U/S 529 BNSS No. - 420 of 2025

Applicant :- Ms Deepa Tyagi Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Kirti Kumar Nirkhi,Shobhit Saxena Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Criminal Case No. 1467 of 2012, arising out of case crime no. 338 of 2012, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Hapur Dehat, District Hapur (Panchsheel Nagar) pending in the Court of Additional Chief Judicial Magistrate, Hapur 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 case in hand pertains to the year 2012. It is further submitted that earlier the proceedings of this case were stayed under the order of this Court and on 14.9.2022 the trial further started but the matter is pending at the stage of summoning the accused persons but they did not put their appearance so far before the Court.

Learned AGA opposed the prayer.

I have considered the submissions and perused the entire record.

It reflects from the perusal of the order sheets that the aforesaid case is pending at the stage of appearance of opposite parties. The accused / opposite parties have not appeared before the Court so far. Since it is a very old case, the trial court is expected to invoke its power provided under CrPC 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 circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite parties by sending appropriate process to them and to

ensure the actual compliance by the office of its own orders within 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 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 :- 7.3.2025 Fhd

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad