Shama and Another v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 40980 of 2023 Applicant :- Shama And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

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

¶2This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to direct the Additional Principal Judge, Family Court, 3rd, Jaunpur, to decide the Case No. 1624 of 2022 (Shama Vs. Abdullah), under Section 128 Cr.P.C., Police Station Kotwali, District Jaunpur.

¶3Learned counsel for the applicants has submitted that in the present case, applicant no.1 is the wife of opposite party no. 2 and she has filed an application under Section 128 Cr.P.C. for enforcement of order of maintenance on

20.03.2023, on the basis of which the instant case has been instituted, however, since then, the said case is pending disposal and the proceeding has been lingering-on, on one pretext or the other.

¶4In view of the above, learned court below is expected to make all endeavours to decide the aforesaid application under Section 128 Cr.P.C. as expeditiously as possible, preferably within a period of three months from the date of filing of certified copy of this order, without granting any unnecessary adjournment to either parties, if there is no other legal impediment in deciding the aforesaid application.

¶5With the aforesaid direction, this application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 17.11.2023 Subham High Court of Judicature at Allahabad