This court disposed of a Section 482 Cr.P.C. application seeking direction to the lower court to decide a pending Section 125 Cr.P.C. maintenance case expeditiously, directing a timeline of four months.
Direction to the lower court to decide the Section 125 Cr.P.C. case within four months without unnecessary adjournments.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 16721 of 2018
Applicant :- Dinesh Kumar @ Vineet Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as also perused the record.
The present 482 Cr.P.C. application has been filed seeking direction to the learned court below to decide the Case No. 365/IX/2014 (Smt. Mamta Vs. Dinesh Kumar) under Section 125 Cr.P.C., Police Station Tindwari, District Banda, pending before the Court of Addl. Sessions Judge/FTC-II, Banda within stipulated period.
Learned counsel for the applicant submits that while the opposite party no.2 had instituted the proceedings under Section 125 Cr.P.C. on 25.11.2014, the same has remained pending for unduly long period of time. While the applicant is appearing in those proceedings regularly, but the opposite party no.2 is not appearing regularly in the proceedings.
Then, it is submitted that the marriage between the parties had already been dissolved, upon a plea taken by the applicant that the opposite party no.2 is not a female. However she avoided her medical test that were to be conducted in those proceedings.
In the present proceedings, the applicant has again filed an application dated 26.04.2017 for medical examination of the opposite party no.2. However, again the opposite party no.2 is not making herself available for the said purpose.
In such circumstances, it is submitted that the applicant who has permanent resident at Fatehpur is being made to travel to District Banda on every date, though, the opposite party no.2 does not appear to be serious in pursing the application filed under Section 125 Cr.P.C. It is therefore, prayed that proceedings under Section 125 Cr.P.C. may be quashed.
Considering the facts, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, without granting any unnecessary or long adjournments to either party as expeditiously as possible, preferably within a period of four months from the date of production of a certified copy of this order, if there is no other legal impediment.
If for any reason, the court below is unable to decide the aforesaid case finally within the time granted, it shall necessarily consider and decide the application dated 26.04.2017 within the same time period.
Order Date :- 14.5.2018 Lbm/-
1 issue framed by the court
Whether to direct the lower court to decide the pending Section 125 Cr.P.C. maintenance case within a stipulated time.
2 provisions across 1 enactments
Dinesh Kumar @ Vineet Kumar
Smt. Mamta
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
