SANGEETA PATEL AND ANOTHER v. State of UP AND ANOTHER
A227/13181/2024 · 2025-03-11
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104628 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104628 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 13181 of 2024 Petitioner :- Sangeeta Patel And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashutosh Kumar Tiwari,Avinash Shandilya Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present petition has been preferred with the following prayers:-
"(i) issue a order or direction to learned Additional Principal Judge, IIIrd, Family Court, Jaunpur to decide the Enforcement Petition no. 1259 of 2022 (under Section 128 of Code of Criminal Procedure, 1973) arising out of Maintenance Petition No. 1264 of 2020 under Section 125 Cr.P.C. within shortest possible time as expeditiously as possible preferably within a period of 60 days."
3. As per the statement made by learned counsel for petitioner, in compliance to order dated 24.02.2025 passed by this Court, non- bailable warrant issued against respondent no. 2 has already been complied with in shape of arresting the respondent no. 2 and he has been produced before learned court concerned.
4. Once the non-bailable warrant issued by learned court concerned has already been executed, now there is hardly any impediment available before learned trial court to proceed under the provisions of Section 128 Cr.P.C.
5. Learned Additional Principal Judge, IIIrd, Family Court, Jaunpur/court concerned is hereby directed to expedite the matter in shape of Enforcement Petition no. 1259 of 2022 within shortest span of time for extending the benefit/maintenance as awarded in pursuance to Section 125 Cr.P.C. The above mentioned exercise shall be completed within two months from the date of production of certified copy of this order.
6. The instant petition stands disposed of accordingly. Order Date :- 12.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad