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2025 DAILYLAW 34532 (ALL)

SMT. SUMAN GUPTA v. STATE OF U.P. AND ANOTHER

NA529/643/2025 · 2025-04-01

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:45674 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 643 of 2025 Applicant :- Smt. Suman Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar 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 Criminal Misc. Case No. 476 of 2024 under Section 144 B.N.S.S. (Old Section 125 CrPC), Police Station- Kaptanganj, District- Kushinagar pending in the Court of learned Principal Judge, Family Court, Kushinagar at Padrauna expeditiously 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 the marriage of the applicant and opposite party no.2 has been solemnized on 25.5.2022 and present case is pending since 2024. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the order sheets that the aforesaid case is pending since 2024 at the stage of evidence of opposite party no.2. The opposite party no.2 is not cooperating with the progress of the case. This Court is also aware of the fact that the Family Courts in the State of U.P. are overburdened with the cases and are, as such gasping for breath. 6. In the circumstances, the Court concerned is directed to decide the aforesaid case in accordance with law preferably within two 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. 7. 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. 8. With the above observations, the application stands disposed of. Order Date :- 2.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad