Parveen Bano v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 28556 of 2023 Applicant :- Parveen Bano Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sitaram Yadav Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The present applicant has invoked the inherent power of this Court under Section 482 Cr.P.C. beseeching the expeditious disposal of Misc. Case No.122 of 2021 (Parveen Bano vs. Danish), under Section 125 Cr.P.C., Police Station Saraimeer, District Azamgarh, pending in the court of Principal Judge, Family Court, Azamgarh.

¶3It is submitted by learned counsel for the applicant that the application for maintenance under Section 125 Cr.P.C. filed on behalf of the present applicant (wife) is pending since the date of its filing i.e. 03.02.2021. Opposite party no.2 initially appeared before the court, however, at a later stage, he has avoided the court proceeding, consequently, case has been ordered to be proceed ex-parte against him vide order dated 17.02.2023, now dates are being fixed for ex-parte hearing.

¶4Learned AGA has no objection in case a direction is issued for expedituous disposal of the aforesaid matter.

¶5In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction to Principal Judge, Family Court, Azamgarh before whom the aforementioned case is pending consideration to decide the same expeditiously, preferably, within a period of two months, in accordance with law, from the date of receipt of a certified copy of this order.

¶6With the aforesaid direction, present application is disposed of. Order Date :- 1.11.2023 Jitendra High Court of Judicature at Allahabad