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Neutral Citation No. - 2025:AHC:45906 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 223 of 2025 Applicant :- Smt Swati Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Yadav,Sanjay Kumar Maurya,Sanjeev Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned Additional Principal Judge, Family Court, Bulandshahar, District Bulandshahar to decide the Maintenance Case No. 1467 of 2023 (Smt. Swati Sharma Vs. Prashant), under Section 125 Cr.P.C., Police Station Gulawathi, District Bulandshahar, pending in the court of Additional Principal Judge, Family Court, Bulandshahar, District Bulandshahar, 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 applicant is aggrieved wife and the instant case is pending since 27.10.2023 but the learned trial court is not taking any steps for disposal of the case.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record. From perusal of the record, it appears that an application under Section 125 Cr.P.C. was filed in the year 2023 and several process were issued to the opposite party no. 2-husband of applicant and now an
order of publication has also been passed on 09.07.2024, therefore, the learned trial court is making efforts to procure the presence of the opposite party no. 2.
6. In the facts and circumstances of the case, the learned trial court is directed to make all the endeavours for expeditious disposal of the Maintenance Case No. 1467 of 2023 (Smt. Swati Sharma Vs. Prashant), under Section 125 Cr.P.C., Police Station Gulawathi,
District Bulandshahar, 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 :- 2.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad