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2025 DAILYLAW 54295 (ALL)

SAMARTH VERMA v. STATE OF U.P. AND ANOTHER

NA529/1271/2025 · 2025-05-19

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84482 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1271 of 2025 Applicant :- Samarth Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A. 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 Misc. Case No. 165 of 2024, under Section 126(2) CrPC arising out of case no. 662 of 2019 under Section 125 CrPC, pending in the Court of Additional Principal Judge, Family Court, Mathura, 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 husband of opposite party no.2. Due to some dispute, the opposite party no.2/ wife left her matrimonial house and an application under Section 125 CrPC was moved by her to get the maintenance from the applicant. When the applicant did not participate in the said proceeding, the Court concerned proceeded to hear the matter ex-parte and an ex-parte judgment was passed against the applicant / husband under Section 125 CrPC and he was directed to pay Rs. 12,000/- as maintenance allowance to the opposite party no.2/wife. It is also submitted that an application for execution of the same was moved by the opposite party no.2/ wife but he has also moved the aforesaid application under Section 126(2) CrPC alongwith delay condonation application which is pending for disposal. It is also submitted that the Court concerned is not interested to decide the said application whereas recovery warrant has been issued against him in the execution proceeding. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the record that the aforesaid application under Section 126(2) CrPC alongwith delay condonation application is pending for disposal. In the circumstances, the Court concerned is directed to dispose of the aforesaid application in accordance with law within three months from the date of production of certified copy of this order before it, if there is no legal impediment. 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