Smt. Udita Gautam and 2 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 40861 of 2023 Applicant :- Smt. Udita Gautam And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anup Kumar Singh,Rajesh Kumar Gautam Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants 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.1709 of 2021, under Section 125 Cr.P.C., Police Station-New Agra, District-Agra, pending before the Principal Judge, Family Court, Agra.

¶3Learned counsel for the applicants submitted that applicant No.1 is wife of opposite party No.2. Applicant Nos.2 and 3 are minor children of opposite party No.2. Applicant No.1 initiated proceedings under Section 125 Cr.P.C. against opposite party No.2. After appearing in proceedings and filing objection, opposite party no.2 is not co-operating in the trial proceedings, the same is pending since 2021.

¶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 of six months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 6.11.2023 Nitin Verma High Court of Judicature at Allahabad