Smt. Uma Shishodiya Vs State of U.P. Thru. Addl… — Maintenance and Alimony | Allahabad HC (2025)

Smt. Uma Shishodiya Vs State of U.P. Thru. Addl… — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether this Court should issue a direction to the Additional Principal Judge, Family Court No. 2, Lucknow for disposal of Criminal Case No. 878 of 2020 (Section 125 Cr.P.C.), pending since August 2020.

Court's answer

The Court declined to issue any direction to the court below for expeditious disposal because the applicant herself was not pursuing the matter: after filing of the written statement the case was fixed for her evidence, and a last opportunity had been granted for 18.4.2025 on an adjournment application moved by the applicant.

Ratio / Principle

As an additional ground, any application for expeditious disposal can be moved before the court concerned in view of the law laid down by the Hon'ble Supreme Court.

Key takeaways

The application under Section 483 Cr.P.C. is misconceived and liable to be dismissed.ratio¶11
On the request of learned counsel for the applicant at the concluding stage, the application under Section 483 Cr.P.C. was dismissed as withdrawn.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Rajnish Kumar, J.) — APPLICATION U/S 483 No. 417 of 2025, filed under Section 529 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (483 Cr.P.C.) by Smt. Uma Shishodiya, seeking a direction to the Additional Principal Judge, Family Court No. 2, Lucknow for disposal of Criminal Case No. 878 of 2020 under Section 125 Cr.P.C. (Smt. Uma Shishodiya Vs. Amit Kumar), pending since August 2020 — DISMISSED AS WITHDRAWN (order dated 2.6.2025). The Court found the applicant herself was not pursuing the matter: after filing of the written statement the case stood fixed for her evidence, with a last opportunity granted for 18.4.2025 on her own adjournment application; accordingly no direction for expeditious disposal was issued. The Court further observed that any application for expeditious disposal can be moved before the court concerned in view of the law laid down by the Hon'ble Supreme Court, and held the application misconceived and liable to be dismissed; at the concluding stage counsel sought withdrawal and the application was dismissed as withdrawn.

Neutral Citation No. - 2025:AHC-LKO:34255

Court No. - 11

Case :- APPLICATION U/S 483 No. - 417 of 2025

Applicant :- Smt. Uma Shishodiya Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another

Counsel for Applicant :- Ram Kumar Singh,Vishwas Shukla Counsel for Opposite Party :- G.A.

Hon'ble Rajnish Kumar,J.

Heard Shri Vishwas Shukla, learned counsel for applicant, learned A.G.A. for the State and perused the material available on record.

This application under Section 529 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (483 Cr.P.C.) has been filed for a direction to the learned Additional Principal Judge, Family Court No. 2, Lucknow for disposal of Criminal Case No. 878 of 2020, under Section 125 Cr.P.C. (Smt. Uma Shishodiya Vs. Amit Kumar) on the ground that the same is pending since August, 2020 but it has not been disposed of till date.

Perusal of the order sheet indicates that after filing of the written statement the case is being fixed for evidence of the applicant and last opportunity has been granted to the applicant for adducing the evidence on 18.4.2025 on an application of adjournment moved by the applicant. Thus, when the applicant herself is not pursuing the matter and assisting the court in disposal of the case, this Court is not inclined to issue any direction to the court concerned for expeditious disposal of the case. Even otherwise any application for expeditious disposal can be moved before the court concerned in view of the law laid down by Hon'ble Supreme Court.

In view of above, this application under Section 483 Cr.P.C.

is misconceived and liable to be dismissed.

At this stage, learned counsel for applicant submits that this application under Section 483 Cr.P.C. may be dismissed as withdrawn.

In view of above, this application under Section 483 Cr.P.C. is dismissed as withdrawn.

(Rajnish Kumar, J.)

Order Date :- 2.6.2025 Virendra

Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench