Disposed

Om Prakash Gautam v. State of U.P. and Another

Allahabad HC3 Aug 2023A227/7901/2023

Case brief

AI extract

What is this about?

Petitioner sought direction for expeditious disposal of a pending Section 340 Cr.P.C. application filed before the Principal Judge, Family Court, Firozabad. The court directed disposal within three months upon production of the certified copy, ensuring full hearing opportunities.

What did the court decide?

Direction to Principal Judge, Family Court, Firozabad to decide the application within three months of the order's production.

Om Prakash Gautam Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:156113

¶2

Court No. - 47

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 7901 of 2023 Petitioner :- Om Prakash Gautam Respondent :- State of U.P. and Another Counsel for Petitioner :- Priya Dixit,Krishna Mohan Rai Counsel for Respondent :- G.A.

¶4

Hon'ble Vinod Diwakar,J.

¶5

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

¶6

The instant petition has been preferred by the petitioner seeking direction for expeditious disposal of Misc. Case No.1186 of 2022 (Om Prakash Gautam Vs. Asha Sharma), under Section 340 Cr.P.C., and Section 191 I.P.C., pending disposal before Principal Judge, Family Court, Firozabad.

¶7

Learned counsel for the petitioner submits that the application under Section 340 Cr.P.C. is pending disposal before the Principal Judge, Family Court, Firozabad since 16.8.2022, and since then the matter has been listed as many as 18 times, but no effective order has been passed on the application.

¶8

In view of the above, having heard learned counsel for the petitioner and having perused the record, this petition is disposed of with a direction to the Principal Judge, Family Court, Firozabad to decide the aforesaid case within a period of three months from the date a certified copy of this order is produced before him, after giving full opportunity of hearing to the parties concerned.

¶9

In case the lawyers do not cooperate with the proceedings either on account of abstaining from work or otherwise, the court concerned shall permit the personal appearance of the parties to address the merits of the case; in case of non-appearance of the parties, the intimation to the affected parties about the present proceedings may be sent through S.H.O. concerned. However, the authority/court concerned shall take special care of the fact that the party's substantial rights may not be adversely affected on account of the non-cooperation of the lawyers. The matter above shall be disposed of strictly in accordance with the law, taking care of the statutory provisions and after critically analyzing the material available on record.

¶10

Order Date :- 3.8.2023/Anil K. Sharma

¶11

Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Om Prakash Gautam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Om Prakash Gautam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Nisha Singh Vs Rajesh Kumar Singh

Saurabh Sharma Vs State of U.P.

Aman Nishad Vs State of U.P.

Narain Raj Vs State of U.P. and 3 Others

Sonu Vs State of U.P. and Another

Junaid Vs State Of U. P. and another