Dismissed

Neha Singh v. State of U.P. and Another

Allahabad HC28 Mar 2023A482/9274/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court refused to issue direction expediting a Section 125 Cr.P.C. trial citing lack of specific reasons. Instead, the applicant was permitted to approach the trial court directly.

What did the court decide?

Allowed application to file an application for expediting the trial before the trial court within two weeks within 2 weeks.

Neha Singh Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 71 Case :- APPLICATION U/S 482 No. - 9274 of 2023 Applicant :- Neha Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Viresh K. Shukla,Utkarsh Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Utkarsh Tripathi, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant Neha Singh, with the prayer to direct the Principal Judge, Family Court, Mirzapur, to decide the Misc.Case No. 168 of 2022 (Neha Singh vs. Narendra Singh), under Section 125(3) Cr.P.C. 1973, P.S.- Marihan, District Mirzapur expeditiously within stipulated period of time.

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Learned counsel for the applicant argued that the applicant is the wife of the opposite party no.2. The case is of the year 2022. It is argued that delay in disposal of the said case is causing irreparable loss and hardship to the applicant and as such appropriate direction be issued for disposal of trial in time bound manner.

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Per contra, learned State counsel 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.

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After having heard learned counsels for the parties and perusing the record, it is evident that the trial is of the year 2022. The same as per order sheet is going on. There is no specific reason for expediting the same. However, the applicant who is complainant of the case and the wife of the opposite party no. 2, may file an application for expediting the trial of the case 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 thereafter.

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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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(Samit Gopal,J.)

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Order Date :- 28.3.2023/#Naresh#

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

Neha Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Neha Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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