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Allahabad High Court

SMT. ALIA PARVEENversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court may, under its supervisory jurisdiction under Article 227, direct the lower court to dispose of the pending case within six months.

Summary

Petitioner Smt. Alia Parveen filed a petition under Article 227 of the Constitution seeking a direction to the Principal Judge of the Family Court, Shamli, to expedite the disposal of Case No. 573 of 2025, which is pending under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner, who is the complainant in the underlying case, argued that the proceedings were unduly delayed. The High Court, after considering the facts and the petitioner's submission, exercised its supervisory jurisdiction and ordered the lower court to decide the matter within six months of the certified copy of the order. No substantive merits of the underlying case were examined. The petition was disposed of with the said direction.

Issues considered

  • Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a Family Court to dispose of a pending case within a specified time frame.
  • Whether the petition seeking such a direction is maintainable under Article 227.

Legislation cited

Subjects

  • Article 227
  • judicial supervision
  • family court
  • time-bound disposal
  • Section 144
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 12224 of 2026

                                    Smt. Alia Parveen
                                                                                                     .....Petitioner(s)
                                                                          Versus

                                    State of U.P. and Another
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                       :    Qazi Vakil Ahmad
                                    Counsel for Respondent(s)                       :    G.A.

                                    Court No. - 55
                                                      HON'BLE VIKRAM D. CHAUHAN, J.

                                    1. Heard learned counsel for the petitioner and learned A.G.A. for the State.

                                    2. The present petition is filed with the following prayer:-

                                    "A. direct the Court of Principal Judge Family Court Shamli at Kairana, to expedite
                                    and conclude the proceeding of Case No. 573 of 2025 (Smt. Alia Parveen V/s Mohd.
                                    Shan) U/s- 144 of The Bharatiya Nagarik Suraksha Sanhita, 2023, Police Station -
                                    Thanabhawan, District-Shamli at Kairana, Within the period of four month."


                                    3. Learned counsel for the petitioner submits that the proceedings before the
                                    court concerned be directed to be concluded in a time bound manner. It is
                                    submitted by learned counsel for the petitioner that the petitioner is the
                                    complainant before the court concerned.

                                    4. Considering the facts and circumstances of the case and the submission of
                                    learned counsel for the petitioner, the petition is disposed of with a direction
                                    to the Principal Judge, Family Court, Shamli at Kairana to decide the Case
                                    No. 573 of 2025 (Smt. Alia Parveen V/s Mohd. Shan) under Section 144 of
                                    The Bharatiya Nagarik Suraksha Sanhita, 2023, Police Station -
                                    Thanabhawan, District-Shamli at Kairana within a period of six months from
                                    the date of production of a certified copy of this order.



                                                                                          (Vikram D. Chauhan,J.)
                                    September 8, 2026
                                    D. Tamang




Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad


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