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

Court No. - 90 Case :- APPLICATION U/S 482 No. - 41705 of 2023 Applicant :- Smt. Gudiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Singh 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 application has been filed beseeching time bound expeditious disposal of Maintenance Case No. 594 of 2019 (Smt. Gudiya Vs. Mithun Kumar), under Section 125 CrPC, Police Station Handia, District Prayagraj pending before him.

¶3It is submitted that the present applicant has moved an application for maintenance under Section 125 CrPC which is pending consideration since the date of its filing i.e. 27.6.2019. Opposite party has already appeared in the matter and filed his objection, however, he is throughout avoiding the criminal proceedings with an intention to protract the litigation. Pendency of the aforesaid proceeding is causing harassment and oppression to the present applicant, who is in starvation condition.

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

¶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 court concerned before whom the aforementioned case is pending disposal, to decide the same expeditiously, preferably, within a period of six months from the date of receipt of a certified copy of this order.

¶6It is expected that the matter should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties.

¶7With the aforesaid direction, present writ petition is disposed of. Order Date :- 6.12.2023 vinay High Court of Judicature at Allahabad