Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3652 of 2025 Court No. - 83 HON'BLE AVNISH SAXENA, J.
1. Sri Ashok Kumar Patel, learned advocate appears for the applicant and submits that the applicant-wife has moved application under Section 529 of B.N.S.S. for expeditious disposal of her application, Case No. 308 of 2021 (Smt. Deepmala Patel Versus Uma Kant Singh) moved under Section 125 Cr.P.C. before the Principal Judge, Family Court, Allahabad. Learned counsel has drawn attention of this Court towards order-sheet wherein applicant is continuously appearing in the Court, her statement has been recorded but she is not being cross-examined by the opposite party no.2 on one pretext or the other. Once the Court has also granted her cost of Rs.150/- but opposite party no.2 did not appear to cross-examine the applicant, resultantly on 23.07.2025 the opportunity to cross-examine has been closed. Opposite party no.2 then resorted to file recall application, which is pending. Hence, he seeks interference by this Court to issue necessary direction for expeditious disposal of the application.
2. Learned A.G.A. appears for State.
3. There is no point in issuance of notice to opposite party no. 2, as the innocuous prayer of the applicant is for expeditious disposal of her application moved under Section 125 Cr.P.C, which is still pending.
4. This Court has taken into consideration the rival submissions made by the parties and perused the record which shows that application under Section 125 Cr.P.C. has been moved by the applicant on 06.04.2021, Versus Counsel for Applicant(s) : Ashok Kumar Patel, Shiv Shankar Sachan Counsel for Opposite Party(s) : G.A. Smt. Deepmala Patel .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
which is still pending disposal, which needs to be decided at an early date.
5. The Principal Judge, Family Court, Allahabad is requested to consider the application moved by the applicant under Section 125 Cr.P.C. and decide the same as expeditiously as possible.
6. The application is accordingly disposed of. October 6, 2025 MN/- NA529 No. 3652 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad