Allahabad High Court
RADHIKA DEVI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Principal Judge, Family Court, Deoria to decide the execution case expeditiously, preferably within one year from the date of production of a certified copy of the order.
Summary
The petitioners, Radhika Devi and her minor daughter, filed a petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Deoria, to decide an execution case (No. 1514 of 2025) within a stipulated period. They argued that the execution proceedings, involving the respondents, were pending and required expeditious resolution. The High Court considered the facts and the petitioners' submission that a time-bound disposal was necessary. It exercised its supervisory jurisdiction and ordered the Family Court to decide the execution case under Section 147 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (formerly Section 128 of the Cr.P.C.) within one year of the certified copy of the order. The direction aims to ensure prompt enforcement of the decree.
Issues considered
- Whether the High Court can, under Article 227, direct a Family Court to decide an execution case within a specified time frame
- Whether Section 147 of the Bhartiya Nagarik Suraksha Sanhita (old Section 128 of the Cr.P.C.) permits such a direction for time‑bound disposal
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 147
- Code of Criminal Procedure, 1973 — s. 128
Subjects
- Article 227
- supervisory jurisdiction
- execution of decree
- time‑bound disposal
- Family Court
- Bhartiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12698 of 2026
Radhika Devi And Another
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Shivam Kumar Modanwal
Counsel for Respondent(s) :
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-to direct the Principal Judge, Family Court, Deoria to
decide the Execution case no. 1514 of 2025 (Radhika and
another Vs. Vikash Gupta) under section 147 of Bhartiya
Nagarik Suraksha Sanhita, 2023/Old Section 128 of Cr.P.C.
pending before Principle Judge, Family Court, Deoria within
stipulated period."
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 minor daughter before the court concerned.
4. Considering the facts and circumstances of the case and the
submission of learned counsel for the petitioners, the petition is
disposed of with a direction to the Principal Judge, Family
Court, Deoria to decide the Execution Case No. 1514 of 2025
(Radhika and another Vs. Vikash Gupta) under Section 147 of
Bhartiya Nagarik Suraksha Sanhita, 2023/Old Section 128 of
Cr.P.C., pending before Principal Judge, Family Court, Deoria
expeditiously, preferably within a period of one year from the
A227 No. 12698 of 2026
2
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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