NEETU Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the applicant, learned A.G.A. and perused the record.

(2.) The instant petition has been filed by the applicant with a prayer for expeditious disposal of Case No. 299 of 2010 pending in the court of Judicial Magistrate-II, Gorakhpur, under Sections 323, 504, 506, 498-A I.P.C. and Section 3/4 Dowry Prohibition Act.

(3.) It is submitted by the learned counsel for the applicant that the applicant is the wife of the opposite party no. 2 who has filed a complaint against the opposite parties in respect of demand of dowry and on account of non-fulfillment thereof they have mentally and physically tortured by her husband and in-laws and as such an application was moved by her on 29.5.2010 under Section 156 (3) Cr.P.C., which was treated as a complaint by the court below and after recording the statements of the complainant under Section 200 Cr.P.C. and of the witnesses under Section 202 Cr.P.C. the learned Magistrate has taken cognizance of offence by order dated 30.8.2010 summoning the respondents to face trial under Sections 323, 504, 506, 498-A I.P.C. and Section 3/4 Dowry Prohibition Act and despite service the respondents are not appearing before the court below even non bailable warrants have been issued against them and they are trying to harass the applicant and the trial is being protracted on account of their continued absence in the court below. In this regard the applicant has filed the complete order-sheet of the court below, which shows that frequently dates have been fixed by the court below but the respondents are not appearing and due to this reason the applicant is facing undue hardship.