Allahabad High Court
JULEKHA AND ANOTHERversusSTATE 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 case within six months, thereby granting the writ of mandamus.
Summary
The petitioners Julekha and another filed a writ petition under Article 227 seeking a mandamus directing the Principal Judge of the Family Court, Mirzapur, to decide a pending criminal case (Case No. 423 of 2022) under Section 125 of the Criminal Procedure Code. They alleged undue delay and asked for a time‑bound disposal. The State opposed the relief. The High Court held that the lower court has a duty to dispose of pending matters and that supervisory jurisdiction under Article 227 permits a direction to prevent inordinate delay. Consequently, the Court ordered the Family Court to render its judgment within six months of receiving a certified copy of the order, and the petition was disposed with that direction.
Issues considered
- Whether the High Court can issue a mandamus under Article 227 to compel a Family Court to decide a pending case within a specified time
- Whether the delay in deciding Case No. 423 of 2022 justifies supervisory intervention
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- Article 227
- Mandamus
- Family Court
- Section 125 CrPC
- Delay
- Writ Petition
- Judicial Supervision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13251 of 2026
Julekha And Another
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Tahir Ali
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 writ petition is filed with the following prayer:-
"(1) Issue a writ, order or direction in the nature of mandamus directing
to the court concern to decide the Case No. 423 of 2022 (Julekha Vs.
Aslam Husain) Under Section 125 Cr. P.C., in the court of Principal
Judge Family Court, Mirzapur, which is pending in the court of Principal
Judge Family Court Mirzapur."
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, Mirzapur to decide
the Case No.423 of 2022 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
Bhaskar
Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad
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