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Neutral Citation No. - 2025:AHC:13635 Court No. - 82 Case :- APPLICATION U/S 483 No. - 27 of 2025 Applicant :- Ranjana Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mainuddin Ahamad Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Execution Case No. 33 of 2024, under Section 128 CrPC, Police Station Madhuban, District Mau pending in the Court of Principal Judge, Family Court, Mau, 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. When she was ousted from her matrimonial house, an application under Section 125 CrPC was moved by her to get the maintenance amount from the opposite party no.2. The said application was decided ex-parte as the opposite party no.2 did not appear before the Court and an
order was passed against the opposite party no.2 to pay Rs. 3000/- per month to the applicant. It is also submitted that when the said
order was not complied with by the opposite party no.2, the applicant reached at the stage of starvation and she had nothing to maintain herself and an application under Section 128 CrPC was moved. It is further submitted that in the said proceeding the opposite party no.2 did not appear and the Court has issued recovery warrant against him.
4. I have considered the submissions and perused the entire record.
5. It reveals from the perusal of the record that the Court concerned is taking proper interest in the proceeding of the case and even recovery warrant has been issued against the opposite party no.2 - husband. However, the Court concerned is directed to decide the aforesaid case in accordance with law within six months from the date of production of certified copy of this order before it,
if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted.
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 :- 27.1.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad