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Neutral Citation No. - 2025:AHC:48601 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 683 of 2025 Applicant :- Poonam Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Patel,Ashok Kumar Patel,Shiv Shankar Sachan 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 Case No. 949 of 2023, under Section 125 CrPC, pending in the Court of Principal Judge, Family Court, Jaunpur, expeditiously.
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 the applicant is the wife of opposite party no.2. Due to some dispute, she left her matrimonial house and an application under Section 125 CrPC was moved by her to get the maintenance from the opposite party no.2. When the opposite party no.2 did not participate in the said proceeding, the Court concerned proceeded to hear the matter ex-parte. The opposite party no.2 has filed a recall application to recall the said order which is still pending.
4. I have considered the submissions and perused the entire record.
5. It reveals from the perusal of the record that the recall application is pending for disposal. In the circumstances, the Court concerned is directed to dispose of the aforesaid recall application in accordance with law within one month from the date of production of certified copy of this order before it and thereafter make all endeavours to decide the said case as expeditiously as possible, preferably within a period of one year, if there is no legal impediment.
6. 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.
7. With the above observations, the application stands disposed of. Order Date :- 5.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad