Allahabad High Court
SMT SHREYA GUPTA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The court directed the trial court to decide the maintenance case within four months, avoiding unnecessary adjournments.
Summary
The applicants, Smt Shreya Gupta and another, filed an application under Section 529 of the Criminal Procedure Code seeking an order that the pending maintenance suit (Case No. 798 of 2022) be disposed of expeditiously. The maintenance suit, filed under Section 125 Cr.P.C., had been pending since 19 December 2022 and was at the stage of disposing of an interim maintenance application. The State's Additional Government Advocate raised no objection to the applicants' request. The court, after hearing counsel, directed the trial court to decide the matter within four months of the certified copy of the order, provided there is no legal impediment, and to avoid unnecessary adjournments. Accordingly, the application was disposed of with the direction for speedy disposal.
Issues considered
- Whether the trial court should be directed to dispose of the pending Section 125 maintenance case expeditiously under Section 529 Cr.P.C.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125, 529
Subjects
- maintenance
- Section 125 Cr.P.C.
- expeditious disposal
- Section 529 Cr.P.C.
- family law
- adjournments
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2071 of 2026
Smt Shreya Gupta And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Yadav
Counsel for Opposite Party(s) : G.A., Jai Prakash Singh,
Sanjay Kumar Pal
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Amit Kumar Yadav, learned counsel for the
applicants, learned A.G.A. representing the State, Mr. Sanjay
Kumar Pal, learned counsel for opposite party No. 2 and perused
the record.
2. The instant application has been preferred by the applicants
with a prayer for expeditious disposal of Maintenance Case No.
798 of 2022 (Shreya Gupta and Another Vs. Sunil Gupta), under
Section 125 Cr.P.C., Police Station Jangipur, District Ghazipur,
pending in the court of learned Principal Judge, Family Court,
Ghazipur, within stipulated time.
3. Learned counsel for the applicants apprised that the petition is
pending since 19.12.2022. He also apprised that the case is
pending before the learned trial court at the stage of objection
disposal of interim maintenance application.
4. Learned A.G.A. has no objection to the innocuous prayer of
the applicant.
5. In view of the above, it is directed that the learned trial court
concerned shall make all endeavour to decide the aforesaid case
expeditiously preferably within a period of four months from the
NA529 No. 2071 of 2026
2
date of production of certified copy of this order, if there is no
legal impediment, without granting unnecessary adjournments to
either of the parties.
6. With the aforesaid direction, this application is disposed of.
(Prashant Mishra-I,J.)
May 12, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
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