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2025 DAILYLAW 28908 (ALL)

ARCHANA TRIPATHI v. STATE OF U.P. AND ANOTHER

NA529/465/2025 · 2025-03-11

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36502 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 465 of 2025 Applicant :- Archana Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalita Mishra,Rajnish Shukla Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Misc. Case No. 759 of 2024 filed under Section 145 BNSS, arising out of Case No. 25 of 2021 filed under Section 125 Cr.P.C. pending in the Court of learned Principal Judge Family Court, Gorakhpur within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that applicant before this Court is the aggrieved wife/ complainant in the proceeding under Section 125 Cr.P.C. It is further submitted that the said case was decided ex-parte in favour of the informant and later on an application to set aside and recall the said order was moved by the opposite party no.2/ husband of the applicant with an application for delay condonation. The matter is pending at the stage of disposal of said application. 4. I have considered the submissions and perused the record. 5. In the circumstances, the Court concerned is directed to decide the aforesaid application moved by the opposite party no.2 to recall the ex-parte judgement and order dated 10.01.2023 in accordance with law preferably within three 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. 6. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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. 7. With the above observations, the application stands disposed of. Order Date :- 12.3.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad