Majida Bano v. State of U.P Thru. Its Secy. Home, Civil Secrt. Lko. and Others

Court No. - 12 Case :- APPLICATION U/S 483 No. - 711 of 2023 Applicant :- Majida Bano Opposite Party :- State Of U.P Thru. Its Secy. Home, Civil Secrt. Lko. And Others Counsel for Applicant :- Satyendra Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The present application has been filed by the applicant to direct learned C.J.M., Room No.16, Sultanpur to decide the Criminal Case No.6401 of 2022 in F.I.R. No.30 of 2021 under Sections 498A, 323 I.P.C. and Section 3/4 of D.P. Act, P.S. Mahila Thana, District-Ayodhya pending before him, expeditiously.

¶3Learned counsel for the applicant submits that the charge sheet was filed on 26.06.2022, cognizance was taken on

16.07.2022, and thereafter, summons were issued but the accused persons are deliberately avoiding the trial and not appearing before the trial court, therefore, a direction may be issued to decide the aforesaid case, expeditiously.

¶4Learned A.G.A. has opposed the prayer of applicant and submitted that the order sheet annexed with the application does not reveal that either summon or bailable warrant was served on the accused persons, therefore, at this stage, no direction can be issued to expedite the trial of the case in question.

¶5Considering the submission of learned counsel for the parties, going through the contents of application as well as other relevant documents, charge sheet was filed on 26.06.2022, cognizance was taken on 16.07.2022, and thereafter, summons were issued but order sheet annexed with the application does not reveal that either summon or bailable warrant was served on the accused persons, therefore, I am of the view that no direction to expedite the trial proceedings is needed at this stage.

¶6Accordingly, the present application stands dismissed.

¶7Superintendent of Police, Sultanpur is directed to ensure the service of summon on the accused persons. Order Date :- 9.11.2023/V. Sinha High Court of Judicature at Allahabad, Lucknow Bench