Sangita Chauhan v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 37007 of 2023 Applicant :- Sangita Chauhan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Kumar Shahi 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. 891 of 2021 (Sangita Chauhan Vs. Ajit Kumar Chauhan), under Section-125 Cr.P.C., Police Station-Pipraich, District-Gorakhpur, pending before the Principle Judge Family Court, District-Gorakhpur.

¶3Learned counsel for the applicant submitted that the instant application is filed to decide the proceeding under Section 125 Cr.P.C., instituted by applicant against the opposite party no.2, the same is pending since 2021 as opposite party is not co-operating in the trial proceedings but under the provision, the case should be decided within six months.

¶4Considering the fact that the trial has remained pending since 2021. 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 five months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 26.10.2023 A Gautam High Court of Judicature at Allahabad