Smt Saroj Gupta vs State of U.P. and 6 Others — Dowry and Cruelty | Allahabad HC (2025)

Smt Saroj Gupta vs State of U.P. and 6 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

The applicant's prayer was not directly granted or dismissed; the Court took interim administrative steps: it ordered a report to be summoned from ACJM-3, Gorakhpur (through the concerned District Judge) explaining the lack of progress against opposite party no.2/husband, directed Registrar (Compliance) to communicate the order via the District and Sessions Judge, and listed the matter afresh for 8.12.2025.

Issue for consideration

Whether the Court should secure progress of the pending criminal case against opposite party no.2 (the husband), given that, per the applicant's counsel, the existing stay operates only against the other accused persons while the trial court is not proceeding against him.

Court's answer

Considering the applicant's counsel's submissions, a report is to be summoned from the Court of Additional Chief Judicial Magistrate-3, Gorakhpur through the concerned District Judge as to why the case against the opposite party no.2/husband is not making any progress.

Ratio / Principle

Registrar (Compliance) is directed to communicate this order to the concerned court through the District and Sessions Judge for compliance.

Key takeaways

This case is to be put up as fresh on 8.12.2025.ratio¶16

Detailed headnote1 paragraphs

Allahabad H.C. (Court No. 87), Anil Kumar-X, J., 14-11-2025 — By Application U/S 529 BNSS No. 4276 of 2025, Smt Saroj Gupta prayed that the trial court be directed to decide Case No.5513 of 2020 (State Vs. Vishwanath Gupta alias Pankaj Gupta and others), arising out of Case Crime No.73 of 2016 under sections 498A, 323, 504, 406 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Gorakhpur, pending before Additional Chief Judicial Magistrate-3, Gorakhpur. Her counsel submitted that, by order dated 22.2.2022 in Application u/s 482 No.2623 of 2022 (Vishwanath Gupta @ Pankaj & 5 Ors. vs. State of U.P. & Anr.), proceedings had been stayed by this Court only against the accused other than opposite party no.2 (the husband), yet the trial court was making no progress even against him. Considering these submissions, the Court ordered that a report be summoned from ACJM-3, Gorakhpur through the concerned District Judge as to why the case against the opposite party no.2/husband was not making progress; directed Registrar (Compliance) to communicate the order through the District and Sessions Judge for compliance; and put up the case fresh on 8.12.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 529 BNSS No. - 4276 of 2025

Smt Saroj Gupta

.....Applicant(s)

Versus
State Of U.P. And 6 Others	.....Opposite Party(s)
Counsel for Applicant(s) : Counsel for Opposite Party(s) :	Sonu Kumar Upadhyay G.A.

Court No. - 87

HON'BLE ANIL KUMAR-X, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application has been filed with a prayer to direct the learned trial court to decide Case No.5513 of 2020 (State Vs. Vishwanath Gupta alias Pankaj Gupta and others) arising out of Case Crime No.73 of 2016 under sections 498A, 323, 504, 406 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Gorakhpur, which is pending in the Court of Additional Chief Judicial Magistrate-3, Gorakhpur.

Learned counsel for the applicant has submitted that proceedings against the accused persons, except the accused/opposite party no.2, in the aforesaid case have been stayed by this Court in Application u/s 482 No.2623 of 2022 (Vishwanath Gupta @ Pankaj & 5 Ors. vs. State of U.P. & Anr.) on 22.2.2022. It was further submitted that proceedings have been stayed only regarding the remaining accused persons and the High Court has not stayed the proceedings against the opposite party no.2. However, the trial court is not proceeding against the opposite party no.2 in the aforesaid case.

Considering the submissions made by the learned counsel for the applicant, a report from the Court of Additional Chief Judicial Magistrate3, Gorakhpur through concerned District Judge be summoned as to why

NA529 No. 4276 of 2025

2

the aforesaid case against the opposite party no.2/husband is not making any progress.

Registrar ( Compliance ) is directed to communicate this order to concerned court through District and Sessions Judge for compliance.

Put up this case as fresh on 8.12.2025.

(Anil Kumar-X,J.)

November 14, 2025 SK

Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad