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2025 DAILYLAW 20912 (ALL)

SMT. MANISHA @ SWATI SHARMA v. STATE OF U.P. AND ANOTHER

NA528/5340/2025 · 2025-05-13

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78820 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5340 of 2025 Applicant :- Smt. Manisha @ Swati Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. By means of the present application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS), the applicant has sought for a suitable direction to the Additional Principal Judge, Family Court, Gautam Buddh Nagar to expedite the proceedings of Criminal Case No. 461 of 2020 (Manisha @ Swati Vs. Rajiv Sharma), under Section - 125 Cr.P.C., Police Station - Dadari, District - Gautam Budh Nagar, 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 applicant that applicant has filed the aforesaid case under Section 125 Cr.P.C. in the year 2020, claiming maintenance but no substantial progress has been made in the proceedings so far and she is facing financial hardship and thus, 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 :- 14.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad