Anju Devi v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 33650 of 2023 Applicant :- Anju Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State/opposite party no.1 and perused the record. By means of this application, the applicant has prayed for expeditious disposal of case being Case No. 965 of 2021 (Anju Devi Vs. Adarsh Kumar Patel), under Section 125 Cr.P.C. pending in the Court of Principal Judge, Family Court, Allahabad within the time-bound frame. It is submitted by learned counsel for the applicant that the applicant is wife of opposite party no. 2. The application under Section 125 Cr.P.C. of the applicant was registered on 10.11.2021, on which notice was issued to opposite party no. 2 on his address by registered post but the same was not returned, which has been observed by the concerned Court below in the order dated

02.06.2023 and thereafter by subsequent order dated 13.07.2023, Family Court has directed to proceed with the matter ex-parte. Learned AGA states that no useful purpose would be served in issuing notice to opposite party and keeping this application pending before this Court and it may be disposed of at this stage itself. Considering the limited grievance of the learned counsel for the applicant, learned Family Court concerned is directed to make an endeavour to decide the aforesaid case preferably within a period of three months from the date a certified copy of this order is produced before it, if there is no legal impediment. With the aforesaid directions, this application is disposed of. Order Date :- 9.11.2023 Shubham High Court of Judicature at Allahabad