Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 73264 (ALL)

SUDHA SHARMA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA529/2166/2025 · 2025-07-28

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:127706 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2166 of 2025 Applicant :- Sudha Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shesh Nath Singh Yadav,Tej Bahadur Singh Yadav 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 of Principal Judge, Family Court, Ghazipur to decide the Criminal Case No.693 of 2023 (Sudha Sharma and other Vs. Kailash Sharma) under Section 125 Cr.P.C., Police Station Kasimabad, District Ghazipur pending before it, 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 no.2 is the aggrieved wife and applicant no.2 is the minor son of opposite party no.2. Due to non-cooperation of opposite party no.2 / the husband, the matter is pending before the Family Court. The case of maintenance u/s 125 Cr.P.C. was filed in 2023 before the Court of Principal Judge, Family Court, Ghazipur. It is further submitted that the applicant is a poor lady. She is not getting any maintenance. Hence, a prayer has been made to issue direction to the court concerned for expeditious disposal of the case. 4. It appears from the perusal of the order-sheet of the court concerned that the matter is pending at the stage of ex-parte evidence but no such evidence has been adduced by the applicant so far. 5. However since the applicant no.1 is the aggrieved wife and she herself is appearing on each and every date, she is directed to produce her ex-parte evidence before the court as soon as possible and if such evidence is produced before the court, the court concerned is expected to decide the case under reference within a stipulated period provided for its disposal under the relevant law without granting any unnecessary adjournment to either of the parties, provided the applicant no.1 cooperates with the trial court. 6. 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 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 :- 29.7.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad