Disposed

Nisha Yadav v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 2 Others

Allahabad HC15 Apr 2024A227/1842/2024

Case brief

AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) dispensed with notice to private respondents in a petition under Article 227 seeking directions for the expeditious disposal of a Section 125 Cr.P.C. case pending since 2022. The court directed the Family Court judge to decide the matter speedily without merits.

What did the court decide?

Direction to Additional Principal Judge-II, Family Court Barabanki to decide Case No. 761 of 2022 under Section 125 Cr.P.C. most expeditiously.

Nisha Yadav vs State of U.P. Thru. Addl. Chief… — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29700

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Court No. - 13

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Case :- MATTERS UNDER ARTICLE 227 No. - 1842 of 2024

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Petitioner :- Nisha Yadav

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others Counsel for Petitioner :- Achal Singh Yadav,Chandan Tiwari Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard.

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In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

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The present petition has been filed for the following main relief:-

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"I. Issue a direction to the opposite party no. 2 i.e Additional Principal Judge - II, Family Court Barabanki, District-Barabanki, for expeditious disposal of Case No. 761 of 2022 under Section - 125 Cr.P.C (Nisha Yadav Versus Satish Yadav) pending before the opposite party No. 2, expeditiously within a stipulated period of time."

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It is submitted that for the reasons beyond control of the petitioner, the case, in issue, has not been decided till date, though, the same is pending since 2022 and on account of pendency of the same, the petitioner, is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the said pending proceedings.

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It is further submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided.

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Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending. Accordingly, in the ends of justice the respondent No.-2/Additional Principal Judge - II, Family Court Barabanki, DistrictBarabanki, is directed to consider and decide the Case No. 761 of 2022 under Section - 125 Cr.P.C (Nisha Yadav Versus Satish Yadav) most expeditiously, as per law.

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It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.

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With the aforesaid, the petition is disposed of.

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Order Date :- 15.4.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Nisha Yadav v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 2 Others

Case brief

What is this about?

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Nisha Yadav v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 2 Others

Case brief

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