Poosha Devi and Another v. State of U.P. and Another

Court No. - 83 Case :- MATTERS UNDER ARTICLE 227 No. - 10431 of 2023 Petitioner :- Poosha Devi And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Surendra Singh-I,J.

¶1Heard Sri Pramod Kumar Pandey, learned counsel for the petitioners and learned A.G.A. for the State-respondents.

¶2This instant petition has been filed under Article 227 of the Constitution of India for direction to the Principal Judge, Family Court, Ghazipur, for expeditious disposal of application u/s 128 Cr.P.C. of the petitioners dated

29.01.2020 in Criminal Misc. Case No. 547 of 2020 (Poosha Devi Vs. Jitendra Kumar Yadav) arising out of Criminal Misc. Case No. 629 of 2017 (Poosha Devi Vs. Jitendra Kumar) u/s 125 Cr.P.C.

¶3Counsel for the petitioners states that Criminal Misc. Case No. 547 of 2020 (Poosha Devi Vs. Jitendra Kumar Yadav) has been registered on

29.01.2020. The case is pending for more than 3 years for disposal. Copy of the order sheet has been annexed as Annexure No.5 to this petition, in order to demonstrate that the case is not proceeding expeditiously.

¶4Considering the fact that the aforesaid case relates to recovery of maintenance allowance, its expeditious disposal is necessary in the interest of justice.

¶5In view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is disposed of with the direction to the Principal Judge, Family Court, Ghazipur to decide the Criminal Misc. Case No. 547 of 2020 (Poosha Devi Vs. Jitendra Kumar Yadav) filed under Section 128 Cr.P.C as expeditiously as possible, preferably within a period of five months, from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 18.10.2023 KS High Court of Judicature at Allahabad