Khan Kaneez Fatima Zaheer v. Addl. Principal Judge III , Family Court, Sultanpur and Another

Court No. - 16 Case :- MATTERS UNDER ARTICLE 227 No. - 4416 of 2024 Petitioner :- Khan Kaneez Fatima Zaheer Respondent :- Addl. Principal Judge Iii , Family Court, Sultanpur And Another Counsel for Petitioner :- Ram Kushal Tiwari Hon'ble Shamim Ahmed,J. Heard Sri Ram Kushal Tiwari, learned counsel for the petitioner as well as Sri Ashok Kumar Singh, learned A.G.A.-I 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 opposite party no.1 i.e. learned Additional Principal Judge-III, Family Court, Sultanpur to decide the Criminal Misc. Case No.1340 of 2022, under Section 125 Cr.P.C. expeditiously. Learned counsel for the petitioner submits that a positive direction be given to the learned Additional Principal Judge-III, Family Court, Sultanpur to decide the aforesaid case within a stipulated period. Learned A.G.A.-I has no objection on the prayer made by the learned counsel for the petitioner and submits that a positive direction be given to the learned Additional Principal Judge-III, Family Court, Sultanpur to decide the case of the petitioner, as merely keeping pending the same by the learned Additional Principal Judge-III, Family Court, Sultanpur does not suffice any purpose of the litigation. In view of the statements made by the learned counsel for the parties, the learned Additional Principal Judge-III, Family Court, Sultanpur is directed to decide the aforesaid case expeditiously i.e. within six 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. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this petition and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 17.9.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench