Application under Section 482 Cr.P.C. seeking directions to decide a pending maintenance application under Section 125 Cr.P.C. within a stipulated timeframe was disposed of.
Direction to the court below to decide the pending Section 125 Cr.P.C. application within nine months.
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Court No. - 89
Case :- APPLICATION U/S 482 No. - 27194 of 2022
Applicant :- Usha Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent.
By way of filing application u/s 482 Cr.P.C., the applicant made a prayer to direct the court below to decide application moved by applicant u/s 125 Cr.P.C. registered as Case No. 388/11 of 2020, pending in the court of Principal Judge, Basti, expeditiously within stipulated period of time.
Learned counsel for the applicant submitted that applicant is the wife of opposite party no. 2 and she filed an application under section 125 Cr.P.C. for her maintenance on 23.11.2020 and although about more than one and a half years have been passed but even till date, her application is still pending and opposite party no. 2, her husband is not providing any maintenance to her, therefore, it is desirable to give a direction to the court below to decide the application moved by the applicant u/s 125 Cr.P.C., as expeditiously as possible, within stipulated period of time.
Learned AGA submitted that he is having no objection, if any such direction is given to the court below.
I have heard learned counsel for both the parties and perused the record of the case.
Applicant is the wife of opposite party no. 2, she filed an application under Section 125 Cr.P.C. on 23.11.2020 which is still pending, therefore, in view of the matter, it is directed that court below shall decide the application moved by applicant under section 125 Cr.P.C., as expeditiously as possible, preferably within a period of nine months from the date of production of certified copy of this order, in accordance with law, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.
With aforesaid observation/direction, present application u/s 482 Cr.P.C. stands disposed off.
Order Date :- 20.9.2022 Ankita
Digitally signed by ANKITA SRIVASTAVA Date: 2022.09.22 18:46:01 IST Reason: Location: High Court of Judicature at Allahabad
Usha Chaudhary
State of U.P.
Samir Jain
As recorded by the court registry
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