Dismissed

Prema Devi v. State of U.P. and Another

Allahabad HC1 Feb 2023A482/2234/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Court declined to direct expeditious disposal of a pending maintenance case, noting lack of specific reasons. The applicant was instead permitted to seek a direction directly from the Family Court concerned.

What did the court decide?

No direction for expediting the trial was given. Applicant permitted to file for expediting order before Family Court.

Prema Devi Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2023)

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Court No. - 69 Case :- APPLICATION U/S 482 No. - 2234 of 2023

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Applicant :- Prema Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Kumar,Sanjay Vikram Singh Counsel for Opposite Party :- G.A.

¶3

Hon'ble Samit Gopal,J.

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List revised.

¶5

Heard Shri Praveen Kumar, learned counsel for the applicant, Shri Raj Kumar Gupta, learned counsel for the State and perused the material brought on record.

¶6

The present application under Section 482 Cr.P.C. has been filed by the applicant- Prema Devi with the prayer to direct the Additional Principal Judge, Family Court No.2, Allahabad to decide interim application for maintenance in Case No. 91 of 2012 (Prema Devi Vs. Prithvi Pal), under Section 127 Cr.P.C., pending before him since 08.10.2012 within stipulated period as fixed by this Hon'ble Court.

¶7

Learned counsel for the applicant argued that the applicant is wife of the opposite party no.2 and her application under Section 127 Cr.P.C. is pending since the year 2012. It is further argued that the trial is lingering on just because of non co-operation of the opposite party no.2 and, as such, appropriate direction be issued for disposal of trial in time bound manner.

¶8

Per contra, learned counsel for the State opposed the prayer made in the present matter by arguing that no such specific reasons have been made out for giving any direction for expediting the trial of the case and as such the application be dismissed.

¶9

After hearing the learned counsel for the parties and perusing the records, it is evident that there is no specific reason for expediting the same. However, the applicant who is wife of the opposite party no.2 may file an application for expediting the trial before the court concerned within two weeks from today which may as per its load of work, diary and pendency of cases pass appropriate orders on the same within two weeks.

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It is made clear that this Court has not passed any direction for expediting the trial.

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The present application is disposed of.

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Order Date :- 1.2.2023 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Prema Devi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Prema Devi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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