KM MANISHA AND ANOTHERS v. STATE OF U.P. AND ANOTHER
A482/35347/2024 · 2025-02-13
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104991 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104991 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:20239 Court No. - 73 Case :- APPLICATION U/S 482 No. - 35347 of 2024 Applicant :- Km Manisha And Anothers Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Haleem,Sandeep Kumar Jaiswal,Santosh Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Compliance affidavit filed by learned AGA is taken on record.
2. Heard learned counsel for the applicants and learned A.G.A. for the State.
3. By means of the present application under Section 482 Cr.P.C., the applicants have sought for a suitable direction to the Principal Judge, Family Court, Jhansi to expedite the proceedings of Case No. 925 of 2021 (Km. Manisha and another vs. Premnarayan), under Section 128 Cr.P.C., Police Station - Nawabad, District - Jhansi, and to decide the same within time stipulated by this Court, which is pending before the aforesaid court.
4. It is submitted by learned counsel for the applicants that applicants were awarded maintenance under Section 125 Cr.P.C. and thereafter they have initiated aforesaid proceedings under Section 128 Cr.P.C. in the year 2021 but no substantial progress has been made, due to which applicants are facing financial hardship and, thus a direction may be issued to the concerned court to decide the aforesaid case within specific time frame.
5. Learned AGA submitted that in pursuance to order of the Family Court efforts were made by the police to execute the recovery
warrants but it was found that the opposite party no.2 was not residing at the given address since long and the house was found locked. It was submitted that all necessary efforts would be made by the police to execute the process issued by the Family Court. In view of aforesaid, no useful purpose would be served by keeping this application under Section 482 Cr.P.C. pending.
6. The Family Court concerned is directed to expedite the proceedings of the aforesaid case and to decide the same as early as possible, without granting any unnecessary adjournments to either of the parties, provided there is no legal impediment.
7. The application under Section 482 Cr.P.C. is disposed of accordingly. Order Date :- 13.2.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad