Disposed

Archana Devi and 4 Others v. State of U.P. and Another

Allahabad HC29 Apr 2025A483/22/2025

Case brief

AI extract

What is this about?

Wife sought directions for expeditious disposal of her pending Section 125 Cr.P.C. maintenance case before the Family Court, Ghazipur, stalled at the stage of the husband's appearance. The High Court directed the trial court to take effective steps to secure his presence within two months and decide the case without unnecessary adjournments.

What did the court decide?

Trial court directed to procure appearance of opposite party no. 2 within two months and expedite disposal of the Section 125 Cr.P.C. case without unnecessary adjournments.

Archana Devi and 4 Others vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:66490

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Court No. - 80

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Case :- APPLICATION U/S 483 No. - 22 of 2025

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Applicant :- Archana Devi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned trial court to decide Criminal Misc. Case No. 511 of 2023 (Archana Devi Vs. Sunil Kumar), under Section 125 Cr.P.C., Police Station Zamania, District Ghazipur, pending in the court of Principal Judge, Family Court, Ghazipur, expeditiously within a stipulated period.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that the applicant before this Court is aggrieved wife. It is further submitted that the instant case is pending since the year 2023 at the stage of appearance of opposite party no. 2.

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Learned AGA opposed the prayer.

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I have considered the submissions and perused the record. It reveals from the perusal of the order sheets that the present case is pending at the stage of appearance of the opposite party no. 2. It is reminded that the criminal courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same in the law itself. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused.

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In the facts and circumstances of the case, the learned trial court is directed to take effective steps for procuring the presence of opposite party no. 2 within a period of two months from today and to make all the endeavours for expeditious disposal of Criminal Misc. Case No. 511 of 2023 (Archana Devi Vs. Sunil Kumar),

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under Section 125 Cr.P.C., Police Station Zamania, District Ghazipur, pending in the court of Principal Judge, Family Court, Ghazipur, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.

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It is also made clear that the Court/Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

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With the above observations, the application stands disposed of.

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Order Date :- 29.4.2025 Rmk.

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Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Archana Devi and 4 Others v. State of U.P. and Another

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Archana Devi and 4 Others v. State of U.P. and Another

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