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2025 DAILYLAW 53620 (ALL)

MOALISHA ALIAS KHYATI v. STATE OF U.P. AND ANOTHER

NA529/1258/2025 · 2025-05-19

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84649 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1258 of 2025 Applicant :- Moalisha Alias Khyati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Kumar Pandey,Saurabh Shahi Counsel for Opposite Party :- G.A.,Krishna Kanhaiya Soni Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Misc. Case No. 23 of 2024, under Section 125(3), CrPC, pending in the Court of Principal Judge, Family Court, Moradabad, expeditiously within the stipulated period 2. Heard learned counsel for the applicant, learned counsel for the opposite party no.2 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 and present case is pending since 2024. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said. Applicant is not in a position to attend the Court for the pairvi of the case on each and every date. No maintenance amount has been paid to the applicant by the opposite party no.2. 4. On the other hand, learned counsel for the opposite party no.2 submits that all the allegations made in this application are false. A huge amount has already been paid by the opposite party no.2 in favour of the applicant. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the order sheets that the aforesaid case is pending since 2024. This Court is also aware of the fact that the Family Courts in the State of U.P. are overburdened with the cases and are, as such gasping for breath but looking to the peculiar circumstances of the present case, the parties are directed to appear before the concerned Family Court on the next date fixed in the matter and the opposite party no.2 is free to put his innocence before the Court concerned, which is competent Court to decide the issue. The Court concerned is also directed to hear both sides when they appear before it and make all possible endeavours for expeditious disposal of the case, 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 :- 20.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad