Smt. Archana Mishra v. State of U.P. Thru. Secy. Home and 6 Others

Court No. - 12 Case :- APPLICATION U/S 483 No. - 770 of 2023 Applicant :- Smt. Archana Mishra Opposite Party :- State Of U.P. Thru. Secy. Home And 6 Others Counsel for Applicant :- Vinay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

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

¶2This application has been filed for directing Additional Chief Judicial Magistrate, Court No. 29, Lucknow to expedite the disposal of the Complaint Case No. 5664 of 2020, under Section 12 of Protection of Women from Domestic Violence Act, P.S. Ashiyana, District Lucknow within a stipulated period.

¶3Learned counsel for the applicant submits that an application under Section 23 of the D.V. Act has already been decided by the court below vide order dated

28.11.2022 against respondent no. 1, Narendra Kumar Mishra s/o K.S. Mishra r/o 7/540, Sharda Nagar, Rajani Khand, P.S. Ashiyana, Lucknow and awarded interim maintenance of Rs.3000/-, but the same has not been executed till date. It is further submitted that as one year has already passed, an application for execution of the said order has been filed by the applicant, but the same is also not being decided by the court below. It is, thus, submitted that the court below may be directed to decide the aforesaid application.

¶4Learned A.G.A. has no objection to the prayer for expeditious disposal of the aforesaid case.

¶5In view of above, the court concerned is directed to decide the aforesaid application moved for execution of the order dated 28.11.2022 expeditiously without giving any unnecessary adjournment to either of the parties, strictly in accordance with law.

¶6With the aforesaid observation/direction, this application is finally disposed of. Order Date :- 28.11.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench