RAJENDRA PRASAD MODANWAL v. State of U.P. AND ANOTHER
A482/35372/2024 · 2025-02-07
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104896 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104896 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:18216 Court No. - 73 Case :- APPLICATION U/S 482 No. - 35372 of 2024 Applicant :- Rajendra Prasad Modanwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Govind Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. By means of the present application under Section 482 Cr.P.C., the applicant has sought for a suitable direction to the Principal Judge, Family Court, Sonbhadra to expedite the proceedings of Misc. Case No.374 of 2024 (Rajendra Prasad Modanwal vs. Sadhna Modanwal) filed by the applicant, under Section 126 (2) Cr.P.C. in relation to Case No.336 of 2019 (Sadhna Modanwal vs. Rajendra Prasad Modanwal), under Section 125 Cr.P.c., Police Station - Ghorawal, District - Sonbhadra, and to decide the same within time stipulated by this Court, which is pending before the aforesaid court.
3. It is submitted by learned counsel for the applicant that opposite party no.2 was awarded maintenance by ex-parte judgement dated
08.04.2024. When applicant came to know about that judgement, he has filed filed an application under Section 126 (2) Cr.P.C. on 13.06.2024 but no substantial progress has been made in the hearing of that application and thus, a direction may be issued to the concerned court to decide the said application within specific time frame.
4. In view of aforesaid, the Family Court concerned is directed to expedite the hearing of aforesaid case under Section 126 (2) Cr.P.C. and to decide the same as early as possible, preferably within a period of six months from the date of production of copy
of this order before the court concerned, provided there is no legal impediment.
5. The application under Section 482 Cr.P.C. is disposed of accordingly. Order Date :- 7.2.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad