Rukhsar Khan v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 39004 of 2023 Applicant :- Rukhsar Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar,Shahbaz Ahamad Khan Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

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

¶2The present applicant has invoked the inherent power of this Court under Section 482 Cr.P.C. beseeching the expeditious disposal of Case No.108 of 2022 (Rukhsar Khan vs. Tanveer Khan), under Section 125 Cr.P.C., Police Station Jamaniya, District Ghazipur, pending in the court of Principal Judge, Family Court, Ghazipur.

¶3It is submitted by learned counsel for the applicant that the present applicant has moved an application dated 08.03.2022 for maintenance under Section 125 Cr.P.C. against the opposite party no.2. Learned trial court vide order dated 09.08.2023 has treated the service of notice sufficient upon the opposite party no.2 and, accordingly, proceed with the matter exparte against him, now next date is being fixed 06.11.2023 for ex-parte hearing.

¶4Learned AGA has no objection in case a direction is issued for expeditious disposal of the aforesaid matter.

¶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 present application, with a direction to Principal Judge, Family Court, Ghazipur before whom the aforementioned case is pending consideration to decide the same expeditiously, preferably, within a period of three months, in accordance with law, from the date of receipt of a certified copy of this order.

¶6With the aforesaid direction, present application is disposed of. Order Date :- 28.11.2023 Jitendra High Court of Judicature at Allahabad