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2025 DAILYLAW 54533 (ALL)

SONI v. STATE OF U.P. AND ANOTHER

NA529/1253/2025 · 2025-05-13

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81758 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1253 of 2025 Applicant :- Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma 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 of Principal Judge, Family Court, Maharajganj to decide the Misc. Case No.983 of 2022 (Soni and another Vs. Rambyas) under Section 125 Cr.P.C., Police Station Pharenda, District Maharajganj pending before it, expeditiously within a stipulated period. 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 before this Court is the wife of opposite party no.2. She is an aggrieved lady. After appearing before the court, the opposite party no.2 / husband again absconded and the matter proceeded ex- parte against him and on the date of final order, he again appeared and recall application was moved by him. The matter is still pending at the stage of said recall application and no order has been passed by the learned trial court so far. 4. These are the cases which require expeditious disposal because the sufferer is a lady almost in all the cases under section 125 Cr.P.C. 5. In the factual matrix of the case and keeping in view the hardship suffered by the applicant / aggrieved wife who is running to the court on each and every date, the learned trial court is directed to pass an order on the application made by the opposite party no.2 to recall the ex-parte order within a period of one month from the date of production of certified copy of this order before it and if the ex-parte order is recalled, the learned trial court shall further proceed to decide the aforesaid case as expeditiously as possible, 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 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 :- 14.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad