The High Court dismissed this application u/s 482 Cr.P.C. as misconceived due to the absence of the required ordersheet. The court noted that the applicant must move the appropriate application before the concerned court instead.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 48
Case :- APPLICATION U/S 482 No. - 11105 of 2022
Applicant :- Smt. Sangita Devi Opposite Party :- State Of U.P And Another Counsel for Applicant :- Sushma Yadav,Hirdesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned AGA for the State.
This is a misconceived application. Prayer made in this application filed U/s 482 Cr.P.C. is to direct the court concerned to decide Case No.242 of 2016 (Sangita Devi Vs. Gopal Pandey), arising out of proceedings under Section 128 Cr.P.C. pending in the court of Principal Judge, Family Court, Varanasi but the ordersheet of the said case is not annexed. The ordersheet annexed apparently is of other case instituted subsequently in respect of the orders allegedly passed in proceedings under Section 125 Cr.P.C.. In the absence of ordersheet this Court would not be inclined to issue any direction to decide the Case No.242 of 2016.
However, It would otherwise be open for the applicant to move an appropriate application before the court concerned and it goes without saying that all endeavours would be made to execute the award, in accordance with law.
Subject to the observations made above, this application is consigned to records.
Order Date :- 24.6.2022 Anil
Digitally signed by ANIL KUMAR PATEL Date: 2022.06.24 17:51:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to issue directions to decide Case No.242 of 2016 pending in the Family Court, Varanasi.
1 provisions across 1 enactments
Sangita Devi
State Of U.P And Another
Ashwani Kumar Mishra
Anil Kumar Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
