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2025 DAILYLAW 108061 (ALL)

NISHA v. STATE OF U.P. AND ANOTHER

A482/40289/2024 · 2025-08-19

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143104 Court No. - 73 Case :- APPLICATION U/S 482 No. - 40289 of 2024 Applicant :- Nisha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Misra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard counsel for the applicant and learned AGA for the State- respondent. 2. The present application has been filed to direct the learned Principal Judge Family Court, Gorakhpur to decide the Interim Maintenance Application dated 22.10.2024 (Nisha Versus Dhiraj Pratap Singh), under Section 125 (2) Cr. P.C., Police Station Gorakhnath, District Gorakhpur, in Case No. 247 of 2024, under Section 125 Cr. P.C. pending in the Court of Principal Judge Family Court, Gorakhpur, as possible as early within stipulated period, otherwise the applicant shall suffer irreparable loss and injury. 3. It is submitted that present applicant (wife of the opposite party no.2) has moved an application for maintenance under Section 125 Cr. P.C. on 22.10.2024. The opposite party no.2 has already appeared in the proceeding and through out avoiding the Court proceeding. Pendency of proceedings encompass prejudice and oppression to the present applicant. 4. Learned A.G.A. has no objection in case a direction is issued for expeditious disposal of the aforesaid case. 5. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that the court concerned, before whom the aforementioned case is pending consideration, shall decide the same in accordance with law, expeditiously, as early as possible. 6. It is expected that the matter should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties. 7. With the aforesaid direction, present application is disposed of. Order Date :- 20.8.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad