Smt Radha v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 38957 of 2023 Applicant :- Smt Radha Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ratan Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.

¶2This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Case No. 160 of 2022 (Smt.Radha vs. Rajesh Kumar Bind), under Section 125 Cr.P.C., Police Station-Kotwali Dehat, District-Mirzapur, pending before the Principal Judge, Family Court, Mirzapur.

¶3Learned counsel for the applicant submits that applicant no.1 is wife of opposite party no.2, moved application under section 125 Cr.P.C. to maintain herself from opposite party no.2. Learned counsel for the applicant submits that opposite party no.2 has not appeared in the proceeding and court below by order dated

28.03.2023 proceeded ex-parte against the opposite party no.2 but more than six months has been passed, proceeding has not yet been decided.

¶4Considering the fact that the application under section 125 Cr.P.C. has remained pending since 2022, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of four months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 19.10.2023 SKD High Court of Judicature at Allahabad