Anamta Kausar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Anamta Kausar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 529 BNSS disposed of with directions: disposal of Case No. 343 of 2022 within six months from production of certified copy of the order (if no legal impediment); trial court to explore elements of settlement; all stakeholders bound to assist the Court.

Issue for consideration

Whether the High Court should direct the Principal Judge, Family Court No. 3, Varanasi to expeditiously decide Case No. 343 of 2022 under Section 127 Cr.P.C., given that long dates were being fixed and the maintenance amount had not been received by the applicant.

Court's answer

The Court concerned (Principal Judge, Family Court No. 3, Varanasi) is directed to make all possible endeavours and take effective steps to dispose of Case No. 343 of 2022 within six months from the date of production of the certified copy of this order, if there is no legal impediment.

Ratio / Principle

During the six-month period, the trial court is further expected to find out the elements of settlement between the parties.

Key takeaways

Besides the Presiding Officer, all other stakeholders — police and executive authorities, counsels, parties to the case and staff — are bound by the order and share responsibility to assist the Court for expeditious disposal of the case.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Nalin Kumar Srivastava, J.), Order dated 3.3.2025 in Application U/S 529 BNSS No. 236 of 2025 (Neutral Citation 2025:AHC:29629): On an application seeking a direction for early disposal of a Section 127 Cr.P.C. maintenance case (Case No. 343 of 2022, Anamta Kausar Vs. Iqbal Kausar @ Boda, P.S. Sigra, Varanasi) pending before the Principal Judge, Family Court No. 3, Varanasi, wherein counsel complained of long dates being fixed and non-receipt of maintenance by the applicant, the Court directed the concerned court to dispose of the case within six months from production of the certified copy of the order, if there is no legal impediment; the trial court was additionally expected to explore elements of settlement between the parties, and all stakeholders (police and executive authorities, counsels, parties, staff) were declared bound to assist the Court. Application disposed of accordingly.

Neutral Citation No. - 2025:AHC:29629

Court No. - 82

Case :- APPLICATION U/S 529 BNSS No. - 236 of 2025

Applicant :- Anamta Kausar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 B.N.S.S. has been filed with a prayer to direct the Principal Judge, Family Court No. 3, Varanasi to decide Case No. 343 of 2022 (Anamta Kausar Vs. Iqbal Kausar @ Boda), under Section 127 Cr.P.C., Police Station Sigra, District Varanasi at an early date.

Heard learned counsel for the applicant and learned A.G.A. for the State.

It has been submitted by the learned counsel for the applicant that the concerned court is fixing a long dates in this matter and so far maintenance amount has not been received by the applicant who is a poor lady. It is also submitted that the case relates to the year 2022 and it is an old case, it is expedient in the interest of justice to issue a direction to the court below for expeditious disposal of this case.

In the facts and circumstances of the case, the Court concerned is directed to make all possible endeavours and effective step to disposal of the case within six months from the date of production of certified copy of this order, if there is no legal impediment.

The trial court is further expected to find out the elements of settlement between the parties during this period.

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 executive authorities, counsels, 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.

With the above observations, the application stands disposed of.

Order Date :- 3.3.2025 Vikram

Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad