An application under Section 482 Cr.P.C. seeking a time-bound direction for a pending maintenance case was dismissed because the court was overburdened and could not break the existing queue to prioritize the matter.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 1619 of 2023
Applicant :- Smt Manisha Madhwar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pawnesh Tiwari,Dr. D.K. Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Dr. D.K. Tiwari, learned counsel for the applicant and learned A.G.A. Perused the record.
The present application under Section 482 Cr.P.C. has been filed seeking the direction to the court below to decide Maintenance Case No.197 of 2022 (Manisha Madhwar vs. Pujeet Saxena), under Section 125 Cr.P.C., pending before the Principal Judge, Family Court, Allahabad within time bound period as fixed by this Court.
The courts below are already overburdened as there are several cases pending in queue to be decided and do not get its turn for a long time. This maintenance case is of year 2022 itself and it is not possible to break the queue and give a direction to the concerned court to decide the matter on priority.
Under circumstances, I am not inclined to exercise my power u/s 482 Cr.P.C. and accordingly this application stands dismissed.
Order Date :- 2.2.2023 M. Kumar
Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to a direction under Section 482 Cr.P.C. for a time-bound decision of a pending maintenance case.
1 provisions across 1 enactments
Smt Manisha Madhwar
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
