Smt. Rafat Ayyub v. Mohd. Talha Anees

Court No. - 15 Case :- MATTERS UNDER ARTICLE 227 No. - 5111 of 2023 Petitioner :- Smt. Rafat Ayyub Respondent :- Mohd. Talha Anees Counsel for Petitioner :- Laxmi Narayan Gupta,Mohd. Usman Ghani Khan,Samreen Irfan Hon'ble Shamim Ahmed,J. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction commanding the learned Family Court i.e. Additional Principal Judge, Court No.1, Family Court, Lucknow to decide the Criminal Case No.863 of 2021; Rafat Ayyub and another Vs. Mohd. Talha Anees, under Section 128 Cr.P.C., pending before it, expeditiously. Learned counsel for the petitioner submits that a positive direction be given to the court below to decide the aforesaid case within a stipulated period. Learned A.G.A. has no objection on the prayer made by the learned counsel for the petitioner and submits that a positive direction be given to the court below to decide the case of the petitioner, as merely keeping pending the same by the court below does not suffice any purpose of the litigation. In view of the statements made by the learned counsel for the parties, the court below is directed to decide the above mentioned case expeditiously, preferably within a period of four months, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case. With the aforesaid observation, the petition is disposed of finally. Order Date :- 10.10.2023 Saurabh High Court of Judicature at Allahabad, Lucknow Bench