Allahabad High Court
SAPNA SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Principal Judge, Family Court, Mirzapur to decide the pending Section 125 Cr.P.C. case within six months, exercising its supervisory jurisdiction under Article 227.
Summary
The petitioner, Sapna Singh, filed a petition under Article 227 of the Constitution seeking a direction to the Principal Judge of the Family Court, Mirzapur, to dispose of a pending maintenance case (Case No. 128 of 2024) under Section 125 of the Criminal Procedure Code. The petitioner, represented by counsel Gunjan Dwivedi and Shri Prakash Dwivedi, argued that the proceedings were being unduly delayed and that a time‑bound order was necessary to prevent further adjournments. The High Court, after hearing the petitioner and the State’s counsel, exercised its supervisory jurisdiction to ensure the lower court’s efficient functioning. It directed the Family Court to decide the matter within six months of receiving a certified copy of the order. The order was issued on 30 September 2026, and the petition was disposed of with the said direction.
Issues considered
- Whether the High Court can, under Article 227, direct a Family Court to decide a pending case within a fixed time‑frame.
- Whether a petition seeking to curb unnecessary adjournments in a Section 125 Cr.P.C. proceeding is maintainable.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125
- Constitution of India — s. Article 227
Subjects
- Article 227
- supervisory jurisdiction
- Family Court
- Section 125 CrPC
- maintenance
- time bound disposal
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13231 of 2026
Sapna Singh
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Gunjan Dwivedi, Shri
Prakash Dwivedi
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. Issue an order or direction to the Principal Judge, Family
Court, Mirzapur to decide the Case No.128 of 2024 (Sapna
Singh Vs. State of U.P.), under section 125 Cr.P.C., Police
Station Chunar, District Mirzapur, pending in the court of
Principal Judge, Family Court, Mirzapur as expeditiously
without granting any unnecessary adjournment or fixed the
period for disposal of the instant application as this Hon'ble
court may deem fit and proper as (Annexure No.-1) to this
Petition."
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 wife 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, Mirzapur to decide the Case No.128 of 2024 (Sapna
A227 No. 13231 of 2026
2
Singh Vs. State of U.P.) under Section 125 Cr.P.C., Police
Station Chunar, District Mirzapur, within a period of six
months from the date of production of a certified copy of this
order.
(Vikram D. Chauhan,J.)
September 30, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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