HEZABUN NISHA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA529/1254/2025 · 2025-05-13
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51365 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51365 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:79254 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1254 of 2025 Applicant :- Hezabun Nisha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Tripathi,Mohd. Asim Zulfiquar 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 learned trial court to decide Maintenance Case No. 619 of 2022, under Section 125 Cr.P.C., Police Station Manjhanpur, District Kaushambi, pending before the learned Principal Judge, Family Court, Kaushambi, expeditiously within a stipulated period.
2. Heard learned counsel for the applicants as well as learned A.G.A. for the State.
3. It is submitted by the learned counsel for the applicants that the applicant no. 1 is aggrieved wife alaongwith her minor son applicant no. 2. It is further submitted that the case is pending since the year 2022 but no order regarding interim maintenance has been passed so far.
4. Learned A.G.A. opposed the prayer.
5. I have considered the submissions and perused the record.
6. In the facts and circumstances of the case, the learned trial court is directed to decide the application for interim maintenance filed by the applicant within a period of two months from today and to make all endeavours for expeditious disposal of Maintenance Case No. 619 of 2022, under Section 125 Cr.P.C., Police Station Manjhanpur, District Kaushambi, pending before the learned Principal Judge, Family Court, Kaushambi, 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 :- 14.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad