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2025 DAILYLAW 21831 (ALL)

ALKA BIND AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA529/312/2025 · 2025-02-23

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26345 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 312 of 2025 Applicant :- Alka Bind And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kailash Nath Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed by the applicants with a prayer to direct the Court of Principal Judge, Family Court, Jaunpur to decide the Case No.113 of 2024 (Alka Bind and another Vs. Sanjay Bind) under Section 125 Cr.P.C., Police Station Sarai Khwaja, District Jaunpur pending before it, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. Learned counsel for the applicant is permitted to make necessary correction in the prayer clause of the application during course of the day. 4. It is submitted by the learned counsel for the applicant that the applicant no.1 is the aggrieved wife and applicant no.2 is the minor daughter of opposite party no.2. For the last about one year, the maintenance case is pending before the court. The opposite party no.2 does not want the disposal of the present case and is adopting delaying tactics. Service has been presumed sufficient by the court concerned but however no further proceedings are being taken place. The case is lingering on unnecessary. It is further submitted that the applicant is a poor lady. She is not getting any interim maintenance. She is suffering mentally and financially both. Hence, a prayer has been made to issue direction to the court concerned for expeditious disposal of the case. 5. I have considered the submissions and perused the record. 6. These are the cases which require expeditious disposal because the sufferer is a lady almost in all the cases under section 125 Cr.P.C. 7. In the factual matrix of the case and keeping in view the hardship suffered by the applicant / aggrieved wife, the Court concerned is directed to decide the aforesaid case within a period of six months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties. 8. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 9. With the above observations, the application stands disposed of. Order Date :- 24.2.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad