Disposed

Shalu Mishra and Another v. State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and Another

Allahabad HC2 May 2023/245/2023

Case brief

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What is this about?

In an application for expedited disposal of a maintenance case, the court observed frequent adjournments hampering progress in the underlying Section 125 proceeding. It disposed of the application by directing the trial court to conclude the case expeditiously without granting unnecessary adjournments.

What did the court decide?

Direction to the concerned trial court to dispose of Case No.423 of 2021 expeditiously without granting any unnecessary adjournment to the parties.

Shalu Mishra and Another Vs State of U.P Thru… — Service and Employment | Allahabad HC (2023)

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Court No. - 15

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Case :- APPLICATION U/S 483 No. - 245 of 2023

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Applicant :- Shalu Mishra And Another Opposite Party :- State Of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Hari Shankar,Ashok Kumar Pathak

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Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the applicants, Sri Vijay Srivastava, learned A.G.A. for the State and perused the entire record.

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In view of the order, which is proposed to be passed today, notice to opposite party No.2 is hereby dispensed with.

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The only innocuous prayer made in the present application filed under Section 483 Cr.P.C. is that the learned trial court/ Additional Principal Judge, Family Court No.VI, Lucknow be directed to decide the Case No.423 of 2021 (Smt. Shalu Mishra vs. Ved Prakash Mishra) filed under Section 125 Cr.P.C., expeditiously and preferably within a time bound manner.

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Learned counsel for the applicants has submitted that the trial is not being completed because adjournments have been granted frequently. Therefore, he has prayed to issue a direction to dispose of the aforesaid case in a time bound manner.

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Learned A.G.A. for the State has opposed the

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prayer, however, he could not dispute the fact that the trial of aforesaid case should be concluded as early as possible.

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Having heard the learned counsel for the applicants, learned A.G.A. for the State and upon perusal of the entire record, it appears that the adjournments have been granted frequently and no substantial progress has been made so far to conclude the Case No.423 of 2021 (Smt. Shalu Mishra vs. Ved Prakash Mishra) filed under Section 125 Cr.P.C.

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Therefore, to secure ends of justice, the present application is finally disposed of with the direction to the concerned learned trial court to dispose of the aforesaid case expeditiously without granting any unnecessary adjournment to the parties, in accordance with law, if there is no other legal impediment.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 2.5.2023 cks/-

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Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Shalu Mishra and Another v. State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and Another

Case brief

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Shalu Mishra and Another v. State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and Another

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