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2025 DAILYLAW 71137 (ALL)

SMT. RITA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA529/2185/2025 · 2025-07-28

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125243 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2185 of 2025 Applicant :- Smt. Rita And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Tripathi 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. 394 of 2022 under Section 125 CrPC, pending in the Court of learned Additional Principal Judge, Family Court Ist, Gorakhpur 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 of opposite party no.2 and the present case is pending since 2022. It is further submitted that the application for interim allowance was allowed vide order dated 17.2.2023 but the said order has not been complied with so far. The Court concerned is not taking proper interest in disposal of the said case. 4. I have considered the submissions and perused the record. 5. It reveals from the perusal of the order sheets that the aforesaid case is pending since 2022 and 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 :- 29.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad