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2025 DAILYLAW 13481 (ALL)

FARHAT JAHAN v. STATE OF U.P. AND ANOTHER

A483/165/2025 · 2025-05-05

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74033 Court No. - 80 Case :- APPLICATION U/S 483 No. - 165 of 2025 Applicant :- Farhat Jahan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashvanee Kumar Srivastav,Sandeep Kumar Singh 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 Court of Addl. Principal Judge, Family Court-III, Gorakhpur to decide the Case No.856 of 2023 (Farhat Jahan Vs. Saddam Husain) under Section 125 Cr.P.C., Police Station Sahjanwa, District Gorakhpur pending before it, 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 the aggrieved wife. She is suffering mentally and financially both. The case of maintenance u/s 125 Cr.P.C. was filed in the year 2023 before the Court of Addl. Principal Judge, Family Court, Gorakhpur, which is still pending without any effective proceedings. Due to the non- cooperation on the part of the opposite party no.2, the case is lingering on. No reply has been filed by the opposite party no.2 / husband so far. It is further submitted that the applicant is a poor lady. She is not getting any maintenance. Hence, a prayer has been made to issue direction to the court concerned for expeditious disposal of the case. 4. These are the cases which require expeditious disposal because the sufferer is a lady almost in all the cases under section 125 Cr.P.C. 5. In the factual matrix of the case and keeping in view the hardship suffered by the applicant / aggrieved wife, the Court concerned is directed to make all endeavours for the expeditious disposal of the aforesaid case, preferably within a period of one year from today, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties. 6. 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 executive authorities, counsels, 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. 7. With the above observations, the application stands disposed of. Order Date :- 6.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad