Allahabad High Court
SMT. ALIA PARVEENversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
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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