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Neutral Citation No. - 2025:AHC:53945 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 3566 of 2025 Petitioner :- Smt. Sunaina Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Kumar Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents, and perused the record.
2. The present writ petition has been filed seeking a direction to the court of the Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Siddharth Nagar, to expeditiously decide Complaint Case No. 1184 of 2019, titled Smt. Sunaina v. Shiv Kumar and Others, which is stated to be pending since 2018.
3. Learned counsel for the petitioner submits that the complaint, filed under Sections 498-A, 323, 504, 506 of IPC, read with Sections 3/4 of the Dowry Prohibition Act, has remained pending without effective adjudication. It is further submitted that despite issuance of bailable warrants on multiple occasions, the accused persons (respondent nos. 2 to 4) have failed to appear, resulting in unnecessary delay in the proceedings.
4. In the event of continued non-cooperation by the accused persons in the pending criminal proceedings, the concerned court is at liberty to proceed in accordance with law, including the initiation of proceedings under Sections 82 and 83 of the Cr.P.C., for ensuring their appearance and expeditious disposal of the complaint.
5. It is also brought to the notice of this Court that an order for maintenance of Rs.3,000/- per month was passed by the learned Principal Judge, Family Court, Siddharth Nagar, in favour of the petitioner in the year 2019. However, the said order is stated to have remained unexecuted till date.
6. In view thereof, the Principal Judge, Family Court, Siddharth Nagar, is directed to take all appropriate steps, as permissible under law, to ensure the effective execution of the maintenance
order without any further delay.
7. With the above observations and directions, the writ petition stands disposed of.
Order Date :- 11.4.2025 I.A.Siddiqui Justice Vinod Diwakar Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad