Allahabad High Court
DURGAWATI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court exercised its supervisory jurisdiction and directed the Family Court to decide the Section 128 CrPC application expeditiously, preferably within one year.
Summary
The petitioners, Durgawati and her son, filed a petition under Article 227 of the Constitution seeking a direction to the Principal Judge of the Family Court, Siddharth Nagar, to decide an application filed under Section 128 of the Criminal Procedure Code (Execution Case No. 835 of 2022) within a fixed period. The petitioners argued that the proceedings were unduly delayed and requested a time‑bound order. The High Court, after hearing counsel, considered its supervisory jurisdiction under Article 227 and the need for expeditious disposal of pending matters. It directed the Family Court to decide the Section 128 application preferably within one year from the date of production of the certified copy of the order. The petition was consequently disposed with the said direction.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a Family Court to decide a pending application under Section 128 CrPC within a stipulated time.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 128
- Constitution of India — s. Article 227
Subjects
- Article 227
- Section 128 CrPC
- Family Court
- expeditious disposal
- judicial supervision
- execution case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12669 of 2026
Durgawati And Another
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Sandeep Kumar Srivastava,
Stuti Tripathi
Counsel for Respondent(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioners and learned A.G.A.
for the State.
2. The present petition is filed with the following prayer:-
"I. Issue an appropriate, suitable order or direction directing
the trial court/ Principle Judge, Family Court to decide the
application filed under section 128 of Criminal Procedure
Code/ Execution Case No. 835 of 2022 (Durgawati vs
Sukairam) filed under Section 128 CrPC, within a stipulated
time fixed by this Hon'ble court."
3. Learned counsel for the petitioners 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 petitioners that petitioner no. 1 is the wife and
petitioner no. 2 is the son 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, Siddharth Nagar to decide the application filed under
Section 128 of Criminal Procedure Code/Execution Case No.
835 of 2022 (Durgawati Vs. Sukairam), filed under Section
128 Cr.P.C. expeditiously, preferably within a period of one
A227 No. 12669 of 2026
2
year from the date of production of a certified copy of this
order.
(Vikram D. Chauhan,J.)
September 14, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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