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2025 DAILYLAW 66751 (ALL)

MAHAJABIN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA529/1835/2025 · 2025-07-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106284 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1835 of 2025 Applicant :- Mahajabin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Singh,Shivendra Nath 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 Case No. 163 of 2018 moved under Section 128 CrPC, P.S.- Bilariyaganj, District- Azamgarh pending in the Court of Additional Principal Judge, Family Court No.2, Azamgarh expeditiously. 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. In the proceeding under Section 125 CrPC initiated by the present applicant-wife an exparte order was passed against the opposite party no.2. It is also submitted that applicant is unemployed and is totally dependent upon her parents and she is at the verge of starvation. It is also submitted that when no amount was paid by the opposite party no.2, the applicant was compelled to move an application under Section 128 CrPC but the same is still pending and as a matter of fact the whole amount has not been paid so far by opposite party no.2/ husband. Applicant 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. In the circumstances, the trial court is expected to invoke its power to ensure service of process upon the accused person, which is sent under its seal and order in order to procure the presence of the accused. 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 applicant/wife and children, 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 :- 7.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad