SMT. NUPUR PANDEY AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA529/1294/2025 · 2025-05-14
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52905 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52905 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:86918 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1294 of 2025 Applicant :- Smt. Nupur Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Karan Patel Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the Court of Addl. Principal Judge, Family Court, Court No.3, Allahabad to decide the Case No.144 of 2023 (Smt. Nupur Pandey and another Vs. Anand Sharma @ Pappu Sharma) under Section 128 Cr.P.C., P.S. Naini, District Prayagraj pending before it, expeditiously within a stipulated period.
3. Learned counsel for the applicant submits that the applicants before this Court are the aggrieved wife and minor daughter of the opposite party no.2. Although the petition under section 125 Cr.P.C. was decided in favour of the applicants in the presence of opposite party no.2 / husband, but as a matter of fact, no amount as maintenance allowance has been paid by the husband / opposite party no.2 and that compelled the applicants to move an application u/s 128 Cr.P.C. The said application is pending for want of presence of opposite party no.2 / husband and the court has issued recovery warrant against him. Hence, it has been prayed that a suitable direction be given to the court concerned to decide the execution application within a stipulated time.
4. It reflects from the perusal of the order-sheet that the trial court is itself vigilant for the expeditious disposal of this case and a recovery warrant and non-bailable warrant has been issued against the defaulter husband. However, it is expected from the trial court that keeping in view the facts and poor condition of the applicants, it shall make all possible endeavours to dispose of the case under reference as expeditiously as possible, preferably within a period of six months from the date of receiving of the certified copy of this order before it, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment.
5. With the above observations, the application stands disposed of. Order Date :- 15.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad