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2025 DAILYLAW 58443 (ALL)

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

NA529/1438/2025 · 2025-05-15

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81374 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1438 of 2025 Applicant :- Smt. Shabana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Singh 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. 446 of 2022, under Section 125(3) CrPC, pending in the Court of Additional Principal Judge, Family Court, Moradabad, expeditiously within the 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 is the wife of opposite party no.2 and present case is pending since 2022. 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 case. 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. 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 2022. No maintenance amount was paid by the opposite party no.2/ husband to the applicant. The opposite party no.2 is not cooperating with the progress of the case. Applicant is a lady. 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 invoke the powers given to it under law to ensure the presence of the opposite party no. 2 by sending appropriate process as early as possible and thereafter all endeavours shall be made by it for expeditious disposal of the case, preferably within a period of six months, 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 :- 16.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad