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

Court No. - 90 Case :- APPLICATION U/S 482 No. - 36104 of 2023 Applicant :- Smt. Archana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Sevak Yadav Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant and the learned A.G.A.

¶2The applicant has invoked the inherent jurisdiction of this court under Section 482 Cr.P.C. for expeditious disposal of Case No. 1414 of 2022 (Archana vs. Umesh Chandra) under Section 128 Cr.P.C., Police Station Maharajganj, District Jaunpur pending in the court of Additional Principal Judge, Family Court, Jaunpur.

¶3It is submitted by learned counsel for the applicant that case for maintenance under Section 125 Cr.P.C. filed on behalf of the present applicant has been allowed by ex parte judgment dated

30.05.2022. At later stage, present applicant has moved an application under Section 128 Cr.P.C. for execution of the judgment dated 30.05.2022 which is pending since the date of its filing i.e. 14.07.2022. In the aforesaid matter no fruitful steps have been taken by the court concerned to get it decided.

¶4Learned A.G.A. has no objection, if a direction is issued to the court concerned to decide the aforesaid matter at the earliest.

¶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 application, with a direction to the learned Additional Principal Judge, Family Court, Jaunpur to decide the aforesaid case strictly in accordance with law by means of a reasoned and speaking order, after affording opportunity of hearing to the parties concerned and without granting any unnecessary adjournments to either of the parties expeditiously, preferably, within a period of five months from the date of production of certified copy of this order. Learned court concerned is expected to take stringent action to ensure presence of opposite party no. 2 in the proceeding, as provided under the law.

¶6With the aforesaid direction, this petition is finally disposed off. Order Date :- 2.11.2023 VR High Court of Judicature at Allahabad