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2025 DAILYLAW 69552 (ALL)

SMT KM. SHILPA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA529/1986/2025 · 2025-07-14

Nalin Kumar Srivastava

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:114126 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1986 of 2025 Applicant :- Smt Km. Shilpa And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra 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. 168 of 2023 under Section 125 CrPC, Police Station- Kiratpur, District- Bijnor pending in the Court of learned Principal Judge, Family Court, Bijnor 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 applicant no.1 is the aggrieved wife and applicant no.2 is her minor son and the present case is pending since 2023. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and hence exparte order was passed which was subsequently record on cost of Rs.8000/- which was paid by the opposite party no.2/ husband as reflects from the order sheet dated 7.2.2025, however, is he not cooperating with the trial Court in the further proceedings of this case and is adopting delaying tactics in disposal of the said. 4. I have considered the submissions and perused the record. 5. The opposite party no.2 is not cooperating with the progress of the case. 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. 6. In the circumstances, the Court concerned is directed to decide the aforesaid case in accordance with law preferably within one year from the date of production of certified copy of this order before it, keeping in view the heavy work load in the said Court. It is further directed that no unnecessary adjournment will be sought/granted. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder of 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 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. 8. With the above observations, the application stands disposed of. Order Date :- 15.7.2025//Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad