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2025 DAILYLAW 19874 (ALL)

SMT. ARCHANA DEVI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/5278/2025 · 2025-05-06

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73992 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5278 of 2025 Applicant :- Smt. Archana Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. By means of the present application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS), the applicants have sought for a suitable direction to the Principal Judge, Family Court, Gorakhpur to expedite the proceedings of Execution Case No. 1294 of 2023 (Archana Vs. Dipesh), under Section - 128 Cr.P.C., and to decide the same within time stipulated by this Court, which is pending before the aforesaid court. 3. It is submitted by learned counsel for the applicants that applicants has filed the aforesaid case under Section - 128 Cr.P.C. on 04.12.2023 for recovery of arrears of maintenance but no substantial progress has been made so far and that applicants are facing financial hardship. Learned counsel further submits that a direction may be issued to the concerned court to decide the aforesaid case within specific time frame. 4. In view of aforesaid, the Family Court concerned is directed to expedite the proceedings of the aforesaid case and to decide the same as early as possible, preferably within a period of six months from the date of production of copy of this order before the court concerned, provided there is no legal impediment. 5. The application under Section 528 BNSS is disposed of accordingly. Order Date :- 7.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad