ROLI CHAURASIYA v. DISTRICT JUDGE DEORIA DISTRICT DEORIA AND 2 OTHERS
WRIC/19186/2025 · 2025-08-03
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64775 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64775 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:130289-DB Court No. - 21 Case :- WRIT - C No. - 19186 of 2025 Petitioner :- Roli Chaurasiya Respondent :- District Judge Deoria District Deoria And 2 Others Counsel for Petitioner :- Santosh Kumar Pandey,Saurabh Tripathi Counsel for Respondent :- Ashish Mishra Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The case of the petitioner is that there is an order of maintenance under Section 125 Cr.P.C. in her favour against respondent No.3. The petitioner filed an application under Section 128 Cr.P.C. for execution of the maintenance order and it came to be registered as Case No.206 of 2009. Since then, the execution proceedings have remained stalled, as the original file of the case under Section 125 Cr.P.C., being Case No.327 of 2006, is untraceable. The petitioner has made various complaints, but till date the record has neither been traced out nor reconstructed, resulting in irreparable injury to the petitioner. 2. In pursuance of our previous order, the Officer-In-Charge, Litigation/Additional District & Sessions Judge, Court No.1, Deoria has submitted written instructions, wherein it is admitted that the record of Case No.327 of 2006 is not traceable. It is stated that a preliminary inquiry was instituted against the concerned employee, and a case has been duly registered on 10.04.2024 vide Case No.9 of 2024 for reconstruction of the records. It is further stated that if certified copy of the order passed in Case No.327 of 2006 is provided, the record would be reconstructed. 3. Learned counsel for the petitioner states that the petitioner has supplied the documents available with her to the respondents day before yesterday. He assures that in case any other record is available with the petitioner, it will also be provided within two weeks from today. 4. Having regard to the fact that the order in the main case was passed long back and on account of record of the case being not available or having been misplaced, the order could not be executed so far, we dispose of the instant petition with direction to respondent Nos. 1 and 2 to ensure that the record is reconstructed
positively within three weeks and proceedings under Section 128 Cr.P.C. are taken to their logical conclusion expeditiously, preferably within next twelve weeks. 5. The respondent Nos.2 and 3 will submit a compliance report to this Court through the Registrar General.
(R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 4.8.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad