SMT CHANCHAL SHARMA @ BHAVNA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/44137/2024 · 2025-01-08
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187614 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187614 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:5358 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 44137 of 2024 Applicant :- Smt Chanchal Sharma @ Bhavna And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal,Ullash Pandey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicants, learned AGA for the State and perused the records.
2. The instant application under Section 528 BNSS has been filed by the applicants beseeching expeditious disposal of Case No.1789 of 2024 (Chanchal v. Suneel), under Section 144(3) of BNSS, P.S.- Jagdishpura, District- Agra, pending in the court of Principal Judge, Family Court, Agra.
3. It is submitted that the original proceeding of maintenance under Section 125 CrPC has been decided by order dated 22.05.2024. Having considered the delay in execution of the aforesaid
judgment dated 22.05.2024, wife (present applicant no.1) has moved an application under Section 144(3) BNSS (old Section 125(3) CrPC) which is pending consideration since 20.07.2024. It is next submitted that normal dates are being fixed. Presently, applicants are in starving condition and pendency of the proceeding encompasse prejudice and oppression to them.
4. Learned AGA for the State states that he has no objection, in case, a direction is issued to the authority concerned to decide the aforesaid case, expeditiously.
5. Having considered the submissions advanced by learned counsel for the applicants, this Court is of the view that no useful purpose would be served to keep the instant application pending, therefore, this Court deems it appropriate to decide the same finally, without entering into the merits of the case, as mentioned in the instant application, with a direction that learned court concerned, before whom the case is pending consideration, shall take stringent action to ensure the execution of the original judgement dated 22.05.2024 and decide the same strictly in accordance with law, after affording an opportunity of hearing to the parties concerned and without granting any unnecessary adjournment to either of the parties, as early as possible.
6. With the aforesaid direction/observation, instant application is finally disposed of.
Order Date :- 9.1.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad