Allowed

Priyanka Dubey v. State of U.P. and Another

Allahabad HC5 Dec 2023A482/43526/2023

Case brief

AI extract

What is this about?

This Single Judge Court allowed an application under Section 482 Cr.P.C. seeking a direction for the expeditious disposal of a pending maintenance case under Section 125 Cr.P.C. The court directed the trial court to dispose of the matter within six months to support a destitute applicant.

What did the court decide?

Directed the trial court to dispose of the Section 125 Cr.P.C. case within six months from the date of production of the certified copy of the order.

Priyanka Dubey Vs State of U.P. and Another — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 43526 of 2023

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Applicant :- Priyanka Dubey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Rajendra Kumar Singh, learned counsel for the applicant and Sri Prashant Saxena, learned A.G.A. for the State.

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2. The instant application under Section 482 Cr.P.C. has been filed seeking a direction for expeditious disposal of the Case No.194 of 2021 (Priyanka vs. Suresh), u/S 125 Cr.P.C., P.S.Badlapur, District- Jaunpur, pending in the court of Principal Judge, Family Court, Jaunpur, within time bound period.

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3. Learned counsel for the applicant submits that the instant application was filed in the year on 01.02.2021 and since then, the instant application is pending for grant of maintenance to the opposite party no.2. Learned counsel for the applicant further submits that the proceedings u/S 125 Cr.P.C., are required to be disposed of expeditiously, as the same is of urgent nature, which require maintenance in support to a destitute lady. Therefore, he has prayed for direction for expeditious disposal of the instant case.

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4. Learned counsel for the State do not oppose the prayer made by the applicant.

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5. Looking at the nature of the prayer made by learned counsel for the applicant and having heard the submissions made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the record, it apparent that the instant application u/S 125 Cr.P.C., was filed on 01.02.2021 and since then the matter is pending. The summons have already been served on opposite party no.2 and from the perusal of the order-sheets, it is apparent that though the opposite party no.2 has appeared but he is avoiding the expeditious disposal of the case.

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6. Therefore, in the interest of justice and looking at the nature of the proceedings, which are of urgent nature, which require an immediate support to a destitute lady. Therefore, the trial court is directed to proceed in the matter expeditiously and dispose of the same, preferably within a period of six months, from the

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date of production of certified copy of this Order.

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Order Date :- 5.12.2023 Shubham Arya

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Priyanka Dubey v. State of U.P. and Another

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Priyanka Dubey v. State of U.P. and Another

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