Pooja Maurya Vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

Pooja Maurya Vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the court concerned to take all possible measures, including appropriate process, to procure the presence of accused / opposite party nos. 2 to 4, ensure actual compliance with its own orders within two months of production of certified copy, and thereafter make all endeavours for expeditious disposal; all stake holders bound to assist the Court.

Issue for consideration

Whether the court concerned (Additional Civil Judge (JD)/CAW, Sonbhadra) should be directed to decide Complaint Case No. 489 of 2019 expeditiously within a stipulated period despite the non-appearance of opposite party nos. 2 to 4.

Court's answer

The trial court is expected to invoke its power provided under law to ensure service of process upon the accused person so as to procure his presence.

Ratio / Principle

The court concerned is directed to take all possible measures, including sending appropriate process, to procure the presence of the accused / opposite party nos. 2 to 4 and to ensure actual compliance by its office with its own orders.

Key takeaways

Such compliance is to be achieved within two months from the date of production of a certified copy of the order before the trial court, and thereafter all endeavours shall be made for expeditious disposal of the case if there is no legal impediment.ratio¶¶13
Besides the Presiding Officer, all stake holders — police and executive authorities, counsels, parties to the case, staff etc. — are made bound by the order and it is their responsibility 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 529 BNSS (No. 779 of 2025) praying for a direction to decide Complaint Case No. 489 of 2019 (Sections 323, 504, 506, 498-A IPC and 3/4 Dowry Prohibition Act, P.S. Robertsganj, District Sonbhadra), pending before the Additional Civil Judge (JD)/CAW, Sonbhadra, expeditiously; opposite party nos. 2 to 4, though earlier released on bail, were absconding. The Court directed the trial court to take all possible measures, including sending appropriate process, to procure the presence of the accused and ensure actual compliance by its office with its own orders within two months of production of a certified copy of the order, and thereafter to make all endeavours for expeditious disposal if there is no legal impediment. All stake holders — police and executive authorities, counsels, parties and staff — were made bound by the order to assist the Court for expeditious disposal.

Neutral Citation No. - 2025:AHC:57386

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 779 of 2025

Applicant :- Pooja Maurya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Lal 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 Complaint Case No. 489 of 2019, under Sections 323, 504, 506, 498-A IPC and 3/4 Dowry Prohibition Act, Police Station Robertsganj, District Sonbhadra, pending in the Court of Additional Civil Judge (JD)/CAW, Sonbhadra, 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 2019 but the opposite party nos.2 to 4 are not appearing before the Court and due to their nonappearance the case is pending unnecessarily without any proper and effective proceeding. Earlier they had appeared and obtained bail and thereafter they are absconding. The Court concerned is not taking proper interest in disposal of the said case.

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 party nos.2 to 4. The trial court is expected to invoke its power provided under law to ensure service of process upon the accused person, 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 party nos. 2 to 4 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 :- 18.4.2025 safi

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