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2025 DAILYLAW 112889 (ALL)

IRSHAD AHMAD v. STATE OF U.P. AND ANOTHER

NA529/2515/2024 · 2025-02-05

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17227 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 2515 of 2024 Applicant :- Irshad Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Mustafa Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned Principal Judge, Family Court, Siddharth Nagar to decide the Criminal Case No. 710 of 2022 (Smt. Zareena Khatoon Vs. Irshad Ahmad), under Section 125 (3) Cr.P.C., expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the case under Section 125(3) Cr.P.C. is pending since the year 2022 before the Family Court and the applicant is paying interim maintenance allowance to the opposite party no. 2 in compliance of the order passed by learned Principal Judge, Family Court, Siddharth Nagar but the learned trial court has not decided the aforesaid case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is directed to decide the Criminal Case No. 710 of 2022 (Smt. Zareena Khatoon Vs. Irshad Ahmad), under Section 125 (3) Cr.P.C. expeditiously and preferably within a period of six months from the date of production of certified copy of this order before it, if there is no legal impediment. 7. It is also made clear that the Court/Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 8. With the above observations, the application stands disposed of. Order Date :- 6.2.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad