Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 109142 (ALL)

SMT. POOJA VERMA v. STATE OF U.P. AND ANOTHER

A482/40988/2024 · 2025-08-05

Anish Kumar Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:132201 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.3) Court No. - 78 Case :- APPLICATION U/S 482 No. - 40988 of 2024 Applicant :- Smt. Pooja Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raman Pandey Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Chandrakant Tripathi, Advocate holding brief on behalf of Sri Raman Pandey, learned counsel for the applicant, Sri Vijay Rathi, learned counsel for the opposite party no.2 and Sri , learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed seeking expeditious disposal of the Case No. 11/11 of 2023 (Smt. Pooja Verma vs. Prashant Kanaujiya) under Section 125 Cr.P.C., pending in the court of learned Principal Judge, Family Court, Basti. 3. Learned counsel of the applicant submits that the instant application under Section 125 Cr.P.C. is pending before the trial court concerned since 04.01.2023, and since then, it is pending disposal. Since it is a case of maintenance and the applicant is not having any source of her livelihood, therefore, learned counsel for the applicant seeks a direction for expeditious disposal of the instant case. 4. On the perusal of the order-sheet it appears that after filing of the application under Section 125 Cr.P.C., the notices were issued to opposite party no.2 and written statements was invited. However, none appeared on behalf of the opposite party no.2 for sufficiently a long time nor any written statement was filed. Therefore, vide order dated 30.11.2023, the court proceeded ex parte against the opposite party no.2. Subsequently thereto, ex parte evidence was led by the applicant herein and the matter was listed for ex parte arguments. Subsequently, on 28.05.2024, the opposite party no.2, appeared and filed a recall application, seeking setting aside the order proceeded ex parte against him. The reply has been filed on 23.07.2024 by the applicant herein and thereafter, the matter was listed for arguments on the application filed by the opposite party no.2. 5. From the record of the case it appears that the opposite party no.2 is deliberately avoiding the process and delaying the final hearing of the instant case. 6. In view thereof, the instant application is disposed of with direction that the trial court may proceed in the matter expeditiously, without any unnecessary adjournment to either of the parties. Order Date :- 6.8.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad