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2025 DAILYLAW 107835 (ALL)

SMT KHADEEJAH BEGUM AND ANOTHER v. State of U.P. AND ANOTHER

A227/14633/2024 · 2025-05-22

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88339 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 14633 of 2024 Petitioner :- Smt Khadeejah Begum And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- G.A.,Pramod Kumar Pandey Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, Ms. Akansha Srivastava, holding brief of Sri Pramod Kumar Pandey, learned counsel for the respondent No. 2, learned A.G.A. for the State and perused the record. In pursuance the order dated 11.04.2025, the Principal Judge, Family Court has furnished the report dated 22.04.2025 stating that original file of Case No. 1109 of 2019 Smt. Khadija Begum Versus Umar Mohammed under Section 125 Cr.P.C. was not sent from the record room, accordingly, an explanation was sought from the concerned Assistant Record Keeper as well as show cause notice was given but till date, the file has not been traced and due to this reason, the delay has occurred in deciding the execution proceedings under Section 128 Cr.P.C. Considering this fact, in case, the alleged Assistant Record Keeper is held responsible in dereliction of his duty, the concerned Court can take appropriate measures against the erring Record Keeper. However, all appropriate measures be adopted to expedite the pending recovery proceedings at the earliest. In case, the delay in deciding the execution proceedings is further prolonged for any of such reason, the Court concerned is directed that the respondent No. 2 shall pay one third of the pending arrears through demand draft in favour of the petitioners within 30 days positively which shall be adjusted towards the total amount due to be paid. The petition is, accordingly disposed of with the aforesaid direction. Order Date :- 23.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad