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2025 DAILYLAW 56977 (ALL)

SMT. RANJU AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA529/1360/2025 · 2025-05-19

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84416 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1360 of 2025 Applicant :- Smt. Ranju And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshawa Prasad Pandey,Krishna Chandra Pandey 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 Criminal Misc. Case No. 112/11 of 2024, under Section 125(3) CrPC, P.S. Kotwali Khalilabad, District San Kabir Nagar, pending in the Court of Principal Judge, Family Court, Sant Kabir Nagar, expeditiously within the stipulated period. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicants that the applicant no.1 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 no.1 is residing with her minor daughter and she is not in a position to attend the Court for the pairvi of the case on each and every date. 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. No maintenance amount was paid by the opposite party no.2 / husband to the applicants. The opposite party no.2 is not cooperating with the progress of the case. Applicant no.1 is a lady having one minor daughter of tender age. It is also submitted that the matter was also sent to the mediation centre by this Court in a criminal revision subject to deposit of an amount of Rs. 3,94,000/- by the revisionist / opposite party no.2 by 15.7.2024 and since the aforesaid amount was not deposited, the matter was not referred for mediation and now the aforesaid application under Section 125(3) CrPC has been moved by the applicants. 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 Court concerned is directed to make all endeavours for expeditious disposal of the case preferably within a period of six months, keeping in view the work load of the said Court, 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