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

Court No. - 93 Case :- APPLICATION U/S 482 No. - 36177 of 2023 Applicant :- Smt Rihana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar,Ashutosh Gupta Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Ashutosh Gupta, learned counsel for the applicant and Sri Anish Kumar Upadhyay, learned AGA for the State.

¶2This application was filed seeking direction to the court below to expedite the proceeding of misc. case no.323 of 2022, Smt. Rihana and another vs. Viresh @ Pinki, under Section-125 Cr.P.C., Police Station-Sadar Bazar, District-Mathura, pending before the Principal Judge, Family Court, Mathura.

¶3Contention of learned counsel for the applicant is that her application u/s 125 Cr.P.C. is pending since 05.05.2022 and even her application for interim maintenance is also pending since 23.01.2023. It is further submitted that because of the routine adjournment on the part of the opposite party no.2, the aforesaid application could not be decided.

¶4Considering the aforesaid submission, Principal Judge, Family Court, Mathura is directed to decide the aforesaid case of the applicant, under Section-125 Cr.P.C., as expeditiously as possible, strictly in accordance with law, preferably within a period of one year and application for interim maintenance should be decided, as expeditiously as possible, preferably within a period of one month.

¶5With the aforesaid direction, application is disposed of. Order Date :- 9.11.2023 S.Chaurasia High Court of Judicature at Allahabad