Chanchal Tripathi Vs State of U.P. and Another

Court No. - 50

Case :- APPLICATION U/S 483 No. - 588 of 2022

Applicant :- Chanchal Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maruti Kumar Tripathi,Anjani Kumar Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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This Application under Section 483 Cr.P.C. has been filed by the applicant with a prayer to direct the court below to decide the Execution Case No.590 of 2021, (Chanchal Tripathi vs. Gyanprakash Tripathi), under Section 30 of Protection of Women from Domestic Violence Act, 2005, Police Station Kotwali, District Basti, pending in the Court of Judicial Magistrate/Fast Track Court (J.M./FTC) Basti.

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Learned counsel for the applicant submitted that the case concerned has been filed for execution of final order dated 24.5.2019 passed by Chief Judicial Magistrate, Basti in Criminal Misc. Case No.01/2018, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, whereby Rs.4000/- per month has been awarded to applicant and her son as maintenance from the date of order. However, the said execution case is still pending since 8.2.2021 and the applicant has not received any money pursuant to maintenance order passed by the court under Section 12 of the Act.

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The court concerned is directed to expedite the recovery proceeding and shall make every possible efforts to decide the case as expeditiously as possible, preferably within a period of two 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.

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With this direction, this application is disposed of.

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Order Date :- 10.4.2023 Kamarjahan

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Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad

Chanchal Tripathi v. State of U.P. and Another

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Chanchal Tripathi v. State of U.P. and Another

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