Neutral Citation No. - 2025:AHC:75118 Court No. - 87 Case :- APPLICATION U/S 482 No. - 44587 of 2024 Applicant :- Jyoti Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. Heard learned Counsel for the applicant, learned AGA for the State respondents and perused the record. 2. The instant application has been filed for direction to the Additional Principal Judge, Family Court, Varanasi to decide the case no.368 of 2021, under section 128 Cr.P.C., pending in the Court of Additional Principal Judge, Family Court, Varanasi within stipulated period. 3. Learned counsel for the applicant submits that the Court below in the proceeding under Section 125 Cr.P.C. has awarded maintenance to the applicant vide order dated 12.09.2024 but the opposite party no.2 did not comply with the said order, hence, the applicant was left with no alternative but to initiate proceeding under Section 128 Cr.P.C. for execution of the said order, but the said proceeding is still pending. 4. Learned AGA states that no useful purpose will be served in calling for the counter affidavit and keeping the matter pending and an appropriate direction may be issued to the Court below to consider the grievance of the applicant within stipulated period. 5. Considering the facts and circumstances of the case, without going into its merit and with the consent of the parties, the instant application is disposed of with a direction to the Additional Principal Judge, Family Court, Varanasi to decide the case no.368 of 2021, under section 128 Cr.P.C. pending before it expeditiously, in accordance with law, with due notice to affected parties, preferably within a period of three months months from the date of production of a certified copy of this order. Order Date :- 8.5.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad