Nashreen Bano v. State of U.P. and Anotehr

Court No. - 90 Case :- APPLICATION U/S 482 No. - 42934 of 2023 Applicant :- Nashreen Bano Opposite Party :- State Of U.P. And Anotehr Counsel for Applicant :- Abhishek Tiwari,Mahendra Pratap Singh,Sandeep Kumar 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.731 of 2022 (Nashreen Bano vs. Ikram Khan), under Sections 125 Cr.P.C., Police Station Kotwali Lalganj, District Mirzapur, pending in the court of Principal Judge, Family Court, Mirzapur.

¶3It is submitted by learned counsel for the applicant that the applicant has filed a case for maintenance under Section 125 Cr.P.C. which is pending since the date of its filing i.e. 11.11.2022. In the aforesaid matter service of notice upon the contesting opposite party has been deemed to sufficient by order dated

16.03.2022, thereafter, dates are being fixed granting time to the opposite party to file objection, however, till date no objection has been filed on behalf of the private opposite party no.2. It is further submitted that the pendency of the application under Section 125 Cr.P.C. causing harassment and oppression to the present applicant, who is at starving condition.

¶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, Mirzapur before whom the aforementioned case is pending consideration to decide the same expeditiously, preferably, within a period of ten 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 :- 14.12.2023 Jitendra High Court of Judicature at Allahabad