Disposed

Smt Alisha Parveen v. State of U.P. and 9 Others

Allahabad HC14 Apr 2025NA529/839/2025

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What is this about?

The Allahabad High Court disposed of an application under Section 529 BNSS, directing the concerned court to issue processes for the appearance of absent accused persons and ensuring expeditious disposal of a pending criminal case involving matrimonial disputes.

What did the court decide?

Directed the concerned court to issue processes for the appearance of accused persons and make efforts for expeditious disposal of the case.

Smt Alisha Parveen Vs State of U.P. and 9 Others — Service and Employment | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:55445

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Court No. - 80

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Case :- APPLICATION U/S 529 BNSS No. - 839 of 2025

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Applicant :- Smt Alisha Parveen Opposite Party :- State Of U.P. And 9 Others Counsel for Applicant :- Rahil Anwar,Saqib Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Case No. 7278 of 2019, arising out of Case Crime No. 844 of 2018 under Sections 498-A, 323, 504, 506 354-B, 376 IPC and 3/4 Dowry Prohibition Act, Police Station Cantt., District Varanasi pending in the Court of C.J.M., Varanasi, expeditiously within a stipulated period.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that the matter is pending at the stage of appearance of the accused persons. It is also submitted that even after lapse of more than five years, the accused persons did not appear before the Court despite issuance of processes against them. It is a case of matrimonial dispute and the victim is a lady.

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I have considered the submissions and perused the entire record.

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It reveals from the perusal of the order sheets that the present case is pending at the stage of appearance of the opposite party nos. 2 to 10. It is reminded that the criminal Courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same under law itself. The trial court is expected to invoke its power 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.

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In the circumstances, the Court concerned is directed to invoke the powers given to it under law to ensure the presence of the accused persons / opposite party nos. 2 to 10 by sending

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appropriate process to them and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment.

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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.

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With the above observations, the application stands disposed of .

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Order Date :- 15.4.2025 safi

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

Smt Alisha Parveen v. State of U.P. and 9 Others

Case brief

What is this about?

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Smt Alisha Parveen v. State of U.P. and 9 Others

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