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2025 DAILYLAW 135706 (ALL)

NEHA KAUSHAL @ RAKHI KAUSHAL @ NEHA v. SHIVA GUPTA @ SONU

A227/2322/2025 · 2025-04-24

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23304 Court No. - 11 Case :- MATTERS UNDER ARTICLE 227 No. - 2322 of 2025 Petitioner :- Neha Kaushal @ Rakhi Kaushal @ Neha Respondent :- Shiva Gupta @ Sonu Counsel for Petitioner :- Neera Yadav Hon'ble Rajnish Kumar,J. Heard, Ms. Neera Yadav, learned counsel for the petitioner. This petition has been filed for expediting the proceedings of the application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita Act, 2023, bearing Case No.473 of 2024 (Neha Kaushal V. Shiva Gupta) on 18.09.2024, which is pending before the Principal Judge, Family Court, District- Faizabad. A perusal of the order sheet indicates that the respondent appeared on 04.04.2025, after a publication was made in newspaper and on the said date, copies of the application and affidavit etc. were provided to respondent and the date has been fixed for objection on 20.05.2025. In view of above, this petition, at this stage, is misconceived and nothing but a misuse of the process of court because no direction for expeditious disposal of the application can be issued by this Court at this juncture. Even otherwise, the Hon'ble Supreme Court has held that the constitutional courts should refrain from expediting proceedings and fixing time frames unless the specific facts and circumstances of a case necessitate such intervention. Thus, this petition has been filed on misconceived and baseless grounds which lacks merit. It is, accordingly, dismissed at this stage. However this order will not come in the way in case any occasion arises in future. In that case also the petitioner will have to approach concerned court. ...................................................................(Rajnish Kumar, J.) Order Date :- 24.4.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench