An application under Section 483 Cr.P.C. was filed seeking expeditious disposal of a pending Section 125 Cr.P.C. maintenance case. The bench directed the lower court to decide the case within six months without undue adjournments.
Direction to the court below to decide the pending case expeditiously within six months without undue adjournments.
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Court No. - 50
Case :- APPLICATION U/S 483 No. - 49 of 2023
Applicant :- Chanchalkumari Opposite Party :- Ajay Kumar Counsel for Applicant :- Santosh Kumar Upadhyay,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This Application under Section 483 Cr.P.C. has been filed by the applicant, who is complaint in the case, with a prayer to direct the court below to hear and decide the Case No. 882/966 of 2021 (Chanchal Kumari vs. Ajay Kumar) under Section 125 Cr.P.C., pending before Principal Judge, Family Court, Allahabad expeditiously within stipulated time.
Learned counsel for the applicant states that certified copy of the ordersheet is filed; case was filed on 14.10.2021 and notice was issued to opposite party; opposite party appeared on 5.10.2022; evidence of the applicant was adduced on 20.7.2022, however, case is still pending for cross examination of applicant on evidence, hence, a direction may be issued to the court below to the decide the same expeditiously.
It is directed that court below shall make all endeavour to decide this case expeditiously preferably within a period of six months from the date of production of certified copy of the order, without permitting undue adjournments to either side, if there is no legal impediment.
With this direction, this application is disposed of.
Order Date :- 7.4.2023 Dhirendra/
Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the court below shall be directed to decide the pending maintenance case expeditiously within six months.
1 provisions across 1 enactments
Chanchalkumari
Ram Manohar Narayan Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
