Smt. Jyoti Mittal v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 40423 of 2023 Applicant :- Smt. Jyoti Mittal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nandini Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

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

2.This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to expedite the Case No. 164 of 2021 (Smt. Jyoti Mittal Vs. Pankaj Jain) under section 125 Cr.P.C., P.S. Surajpur, District Gautambudh Nagar, pending in the court of Principle Judge, Family Court, Gautambudh Nagar as early as possible.

3.Learned counsel for the applicant has submitted that in the present case, the applicant is the wife of opposite party no. 2 and she has filed an application under Section 125 Cr.P.C. for grant of maintenance on 16.10.2021, 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.

4.In view of the above, learned court below is expected to make all endeavours to decide the aforesaid case under Section 125 Cr.P.C. as expeditiously as possible, preferably within a period of four 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.

5.With the aforesaid direction, this application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 30.11.2023 RPD High Court of Judicature at Allahabad