Priya Verma vs State Of U.P Thru. Prin. Secy. Home ...
2022 Latest Caselaw 1364 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 
Case :- APPLICATION U/S 483 No. - 119 of 2022
 
Applicant :- Priya Verma
 
Opposite Party :- State Of U.P Thru. Prin. Secy. Home And 4 Others
 
Counsel for Applicant :- Girdhari Lal Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

Through this petition the petitioner has prayed for the following relief:-

"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct to the trial court i.e. Court of Judicial Magistrate-II, District-Lucknow to decide her case expeditiously as soon as possible in stipulated time i.e. Criminal Case No.567 of 2018, Cr No.47078/2018, Under Section 498-A/323/325/ 504/506 1.P.C. & 3/4 Dowry Prohibition Act. Police Station-Gudamba, District-Lucknow.

It is further prayed that this Hon'ble Court may kindly be pleased to direct to the trial court to insure the appearance of the respondent no.2 to 5 before the trail court as the case of the petitioner is pending before the trial court since 07.08.2018 when cognizance has been taken by trial but till date respondents neither seek bail in the aforesaid case nor appear before the trial court as they are absconding from trial while 4 years has been passed.

Any such other order or direction which this Hon'ble Court may deem fit, just and proper in the circumstance of the case may also be passed in the favour of the Petitioner."

Learned counsel for the petitioner submits that a divorce case has been filed by the husband of the petitioner in Nainital and due to that till date in the matter in question, the accused persons have not appeared before the trial court.

Learned A.G.A. has raised a preliminary objection regarding the maintainability of the petition submitting that no ground at all has been raised in the present petition for expediting the proceedings, even the order sheet of the trial court has not been filed by the petitioner. It is not a case where the proceedings can be expedited.

On due consideration to the argument advanced as well as the judgment of the Apex Court passed in the case of "M. Gopalakrishanan and others Vs. Pasumpon Muthuramalingam and another", Special Leave Petition (Criminal) Dairy no. 30839/2021, I do not find any cogent and extremely compelling reasons for expediting the proceedings in question.

The petition lacks merits and is accordingly dismissed.

The petitioner is at liberty to approach this Court again if there are sufficient grounds for expediting the proceedings.

Order Date :- 25.4.2022

R.C.