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2025 DAILYLAW 39015 (ALL)

PRATIMA DEVI v. STATE OF U.P. AND ANOTHER

NA529/863/2025 · 2025-04-15

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56747 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 863 of 2025 Applicant :- Pratima Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Yadav,Ray Sahab Yadav Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the trial court to decide the Case No. 242 of 2023 (Pratima Devi Vs. Ajay Kumar), under Section 128 Cr.P.C., Police Station Sikrara, District Jaunpur, pending in the court of learned Principal Judge, Family Court, Jaunpur, expeditiously within a 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 the applicant before this Court is the aggrieved wife and the case under Section 128 Cr.P.C. is pending since the year 2023. It was brought to the notice of the Court that no interim maintenance has been paid by opposite party no. 2 and recovery warrant has been issued against him by the learned trial court. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. It reveals from the perusal of the order sheets that recovery warrant has been issued against the opposite party no. 2 but the opposite party no. 2 is not paying maintenance amount to the applicant. It is reminded that the criminal courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same in the law itself. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 6. In the facts and circumstances of the case, the learned trial court is directed to make all the endeavours to decide the Case No. 242 of 2023 (Pratima Devi Vs. Ajay Kumar), under Section 128 Cr.P.C., Police Station Sikrara, District Jaunpur, pending in the court of learned Principal Judge, Family Court, Jaunpur expeditiously and preferably within a period of six months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. 7. 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 execution authorities, advocates, parties to the case, staff 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 :- 16.4.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad