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Smt. Nikita Singhania and Another v. State of U.P. and Another

Allahabad HC24 Aug 2023A227/8236/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the High Court directed the Principal Judge, Family Court, Jaunpur, to decide the pending Section 125 Cr.P.C. matter expeditiously, preferably within six months, after ensuring an opportunity of hearing to the parties.

What did the court decide?

Directed the lower court to decide the pending Section 125 Cr.P.C. case expeditiously, preferably within six months, after hearing the parties.

Smt. Nikita Singhania and Another Vs State of U.P… — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:171370

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Court No. - 81

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Case :- MATTERS UNDER ARTICLE 227 No. - 8236 of 2023

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Petitioner :- Smt. Nikita Singhania And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Vikash Pathak,Santosh Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Umesh Chandra Sharma, J.

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Heard Sri Santosh Kumar Singh and Sri Vikash Pathak, counsels for the petitioners and learned A.G.A for the State and perused the record.

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By way of the instant petition, the petitioner has prayed for a direction to the Principal Judge, Family Court, Jaunpur to decide the Case No. 142 of 2022 (Nikita Vs. Atul), under Section 125 Cr.P.C, Police Station - Kotwali, District Jaunpur, pending in the Court of Principal Judge, Family Court, Jaunpur, within stipulated period.

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From the order-sheet it transpires that the concerned file has not been taken property for disposal. The interim maintenance allowance with regard to the petitioner no. 1 has also been declined. In that case a petition under Section 125 Cr.P.C must be decided at the earliest.

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I have considered the submissions advanced by learned counsel for the petitioner and perused the record.

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The matter is pending since 2022, but till now the concerned court could not frame the charge.

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In this view of the matter, this petition is disposed of with the direction that the court below will expedite and dispose of the aforesaid case in accordance with law expeditiously preferably within a period of six months from the date of production of a certified copy of this order before it after affording opportunity of hearing to the parties concerned, if there is no legal impediment.

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After compliance of the order by the Principal Judge, Family Court, Jaunpur, the report may be submitted before the Registrar (Judicial), which shall be kept on record.

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Order Date :- 24.8.2023 Vinod.

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Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad

Smt. Nikita Singhania and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt. Nikita Singhania and Another v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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