JYOTI SHARMA v. THE STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
NA529/3/2025 · 2025-02-11
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122714 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122714 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8670 Court No. - 17 Case :- APPLICATION U/S 529 BNSS No. - 3 of 2025 Applicant :- Jyoti Sharma Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Ravindra Kumar Singh,Anurag Maurya Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The present case has been filed under Section 483 Cr.P.C. now under Section 529 of B.N.S.S. with the following main reliefs:-
" Direct the concerned court i.e. Principal Judge, Family Court, District-Lucknow to decide the interim application related with the Case filed under section 144 B.N.S.S. bearing Case No.2305 of 2024 (Jyoti Sharma Vs Saurabh Agrawal) pending in the court of Principal Judge, Family Court, District- Lucknow ,annexed as Annexure No.2, expeditiously within the stipulated period of time as fixed by this Hon'ble High Court, in the interest of justice. ii. Any other order or direction which this Hon'ble High Court may deem fit and proper in the interest of justice may also be passed under facts and circumstances of the case in favor of petitioner. "
Learned counsel for the applicant has submitted that respondent no. 2 has put in appearance on 21.12.2024 but till date the application for interim maintenance filed alongwith proceedings under Section 144 B.N.S.S. on 25.09.2024 has not been decided due to which the applicant is facing difficulty to lead her life as she has no source of income. On being specifically asked from learned counsel for the applicant that whether applicant has preferred any urgency application for early disposal of the proceedings by showing urgency in the matter before the Court concerned, it has been replied by learned counsel for the applicant that no such
application has been preferred before the Court concerned and applicant has approached this Court directly for deciding the case expeditiously. At this stage, learned counsel for the applicant has submitted that present case may be disposed of with a liberty to the applicant to move an urgency application for early disposal of the proceedings before the Court concerned and if any such application is preferred by the applicant the same may be decided by the court concerned within the stipulated time fix by this Court. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. On the request of learned counsel for the applicant and without entering into the merit of the case, the present case is disposed of with liberty to the applicant to move an urgency application for early disposal of the proceedings mentioned hereinabove. If any such application is preferred, it is expected that Court concerned shall decide the urgency application and interim relief application preferred by the applicant expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.
Order Date :- 11.2.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench