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2025 DAILYLAW 166782 (ALL)

SMT. DIVYA TIWARI @ DIVYA SHUKLA AND ANOTHER v. THE STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A483/795/2025 · 2025-09-25

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 795 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant application under section 483 Cr.P.C. has been filed with the prayer to direct the learned Additional Principal Judge, Court No. 5, Lucknow to expedite the hearing of Maintenance Case No. 512 of 2023, "Divya Tiwari and another Vs. Saumitra Tiwari" U/s- 125 Cr.P.C. pending since 21.03.2023 and also direct to decide the application dated 01.03.2025 filed by petitioner under section 144(3) of BNSS for recovery warrant against the opposite party no. 2 pending b learned Additional Principal Judge, Court No.5,Lucknow, within the stipulated time as framed by the Hon'ble Court. Learned counsel appearing for the applicants submits that the matter pertains to the year 2023 and even after passing of about 2 years, the proceeding of the case has not been concluded as yet. After arguing at some length, learned counsel appearing for the applicants submits that interest of justice would be sub-served if this Hon'ble Court may be pleased to direct the trial court to decide the matter within the stipulated period of time as may be fixed by this court. Versus Counsel for Applicant(s) : Dheerendra Kr. Agnihotri Counsel for Opposite Party(s) : G.A. Smt. Divya Tiwari @ Divya Shukla And Another .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) Considering aforesaid innocuous prayer, the trial court concerned is directed to consider and decide the Maintenance Case No. 512 of 2023 as well as application dated 01.03.2025 filed applicants under section 144(3) of BNSS , if the matter is still pending consideration, with expedition, in accordance with law considering the instructions and guidelines issued by this court; time to time. With the aforesaid observation, the instant application stands disposed of. September 25, 2025 AKS A483 No. 795 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench