Single judge dismissed sustantively an application seeking expeditious disposal of a pending Section 125 Cr.P.C. case, directing the lower court to decide it within three months.
Directed the trial court to decide the pending Section 125 Cr.P.C. case within three months.
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Neutral Citation No. - 2023:AHC:204208
Court No. - 88
Case :- APPLICATION U/S 482 No. - 32142 of 2023
Applicant :- Smt Moushmi Baroy Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Haadi Zaidi,Zia Naz Zaidi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1-Heard learned counsel for the applicant and learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2-By means of this application, the applicant has prayed for expeditious disposal of case being Case No. 117 of 2018 (Smt. Moushmi Baroy Vs. Rajesh Chandra Boroy), under Section 125 Cr.P.C., Police Station-Pallavpuram, District-Meerut, pending in the court of Additional Principal Judge, Family Court, Court no.1, Meerut within a time bound frame.
3-It is submitted by learned counsel for the applicant that applicant is wife of opposite party no.2. She has moved an application under Section 125 Cr.P.C. on 28.02.2017, but the same is still pending before the concerned family court. It is also submitted that husband of applicant had put in appearance in the said proceeding on 16.03.2017, but thereafter on account of adopting delaying tactics, till date, the case could not be decided.
4-Learned A.G.A. states that no useful purpose would be served in issuing notice to opposite party and keeping this application pending before this Court and it may be disposed of at this stage itself.
5-Considering the limited grievance of the learned counsel for the applicant, learned trial court is directed to make an endeavour to decide the
aforesaid case, as expeditiously as possible, preferably within a period of three months from the date a certified copy of this order is produced before it, if there is no legal impediment.
6-With the aforesaid directions, this application is disposed of .
Order Date :- 26.10.2023 Kashifa
Digitally signed by :- KASHIFA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the lower court to dispose of a pending maintenance proceeding expeditiously.
1 provisions across 1 enactments
Smt Moushmi Baroy
State of U.P.
Rajesh Chandra Boroy
Sanjay Kumar Singh
As recorded by the court registry
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