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2025 DAILYLAW 58548 (ALL)

KUMARI PREETI VERMA @ BULBUL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA529/1447/2025 · 2025-05-16

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82162 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1447 of 2025 Applicant :- Kumari Preeti Verma @ Bulbul And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Srivastava,Kalp Dev Mishra,Punit Kumar Srivastava 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. 519 of 2015 and 608 of 2018, under Section 128 CrPC, Police Station Kotwali, District Ghazipur pending in the Court of Principal Judge, Family Court, Ghazipur, expeditiously within 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 applicants are the daughers of opposite party no.2. In the proceeding under Section 125 CrPC initiated by the present applicants maintenance amount was passed but no amount has been paid by the opposite party no.2/father. It is also submitted that applicants are unemployed and are totally dependent upon their parents and they are at the verge of starvation. It is also submitted that when no amount was paid by the opposite party no.2, the applicants were compelled to move an application under Section 128 CrPC but the same is still pending and as a matter of fact no amount of maintenance has been paid to the applicants so far. Applicants are 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 in the proceeding under Section 125 CrPC initiated by the present applicant an order was passed against the opposite party no.2 for payment of maintenance to the applicants and when the said order was not complied with, the applicants moved petition/ application under Section 128 CrPC which is said to be pending. 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 however considering the grievance and difficulties faced by the applicants, the Court concerned is directed to decide the aforesaid case within six 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 :- 17.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad