Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:105620 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1915 of 2025 Applicant :- Supriya Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudeep Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Case No. 366 of 2020 (Supriya Dwivedi Vs. Jyoti Prakash Shukla), under Section 125 Cr.P.C., Police Station Kotwali Sahar, District Mirzapur, pending before the learned Principal Judge, Family Court, Mirzapur, expeditiously within a 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 before this Court is aggrieved wife. It is further submitted that an order under Section 125 Cr.P.C. for maintenance allowance was passed in favour of the applicant by the learned trial court vide order dated 24.01.2024 but however, no maintenance amount has been received by the applicant and the opposite party no. 2 is still absconding.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record. It reveals from perusal of the record that an order for maintenance under Section 125 Cr.P.C. was passed by the trial court but no maintenance amount has been received by the applicant from the opposite party no. 2. It is reminded that the criminal courts are never toothless or powerless to ensure compliance of its own orders by the concerned police and administrative authorities. They have got ample powers for the same in the law itself. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and
order in order to procure the presence of the accused.
6. In the facts and circumstances of the case, the learned trial court is directed to decide the aforesaid case as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order before it, without granting unnecessary adjournment to either of the parties and keeping in view the heavy workload in the said court, if there is no legal impediment.
7. 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 execution authorities, advocates, parties to the case, staff 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.
8. With the above observations, the application stands disposed of.
Order Date :- 7.7.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad