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2025 DAILYLAW 37446 (ALL)

SMT. AKLEEMA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA529/716/2025 · 2025-04-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50786 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 716 of 2025 Applicant :- Smt. Akleema And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramendra Giri,Vinay Kumar Dwivedi 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. 541 of 2024, under Section 144 (3) BNSS, 2023, Police Sttaion- Naugawan Sadat, District- Amroha pending in the Court of learned Principal Judge, Family Court, Amroha, 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 in the year 2016 and present case is pending since 2021. It is further submitted that a proceeding under Section 125 Cr.P.C. was initiated by the applicant no.1, wife, for giving maintenance in her favour but it is matter of fact that the opposite party no.2, husband, did not complied with the said order dated 6.7.2024 and now execution application has been moved by the applicant which is pending disposal and opposite party no.2 is not appearing before the Court. 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 2021 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 take all possible measures to procure the presence of the accused / opposite party no.2 by sending appropriate process to him within one month from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, preferably within six months. 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 :- 8.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad