Allahabad High Court
SMT ARTI ANANDversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to dispose of the Section 125 complaint within six months and disposed of the Section 529 application as an innocuous order.
Summary
The applicant, Smt Arti Anand, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the trial court to dispose of a pending complaint under Section 125 Cr.P.C. (case No. 139 of 2024) concerning maintenance. The trial court had not concluded the matter for more than one and a half years. The applicant argued that the delay violated the interest of justice, while the State's Additional Government Advocate (A.G.A.) did not oppose expediting the case. The High Court, after hearing counsel, directed the trial court to decide the matter within six months of the order, provided there are no legal hurdles, and to avoid undue adjournments. The application was disposed of as an innocuous order without issuing notice to the second opposite party, with a provision for aggrieved parties to approach the court.
Issues considered
- Whether the trial court should be directed to expedite disposal of a pending Section 125 Cr.P.C. complaint.
- Whether an application under Section 529 Cr.P.C. can be entertained without notice to the second opposite party.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125, 529
Subjects
- Section 125 CrPC
- Section 529 CrPC
- maintenance
- family law
- expeditious disposal
- court pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2232 of 2026
Smt Arti Anand
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashvani Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Ankit Kumar, Advocate holding brief of Sri Ashvani
Kumar Tiwari, learned counsel for the applicant and learned
A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that learned trial
court be directed to dispose of the Complaint Case No. 139 of
2024, (Arti Anand Vs. Ravindra Kumar) under Section 125
Cr.P.C., P.S. Vijay Nagar, District Ghaziabad pending in the
Court of learned Additional Principal Judge, Family Court-2,
Ghaziabad within stipulated time.
Learned A.G.A. has no objection if the matter be expedited in
the interest of justice.
Learned counsel for the applicant submitted that present case is
pending since 2024, more than one and half years have passed
and case has not culminated to its logical conclusion.
Keeping in view the period of pendency of the case, it is directed
that court below shall make all endeavour to decide this case
expeditiously preferably within a period of six months from the
date of production of certified copy of this order, if there is no
legal hurdle, without permitting undue adjournments to either
sides.
NA529 No. 2232 of 2026
2
With this direction, this application is disposed of without issuing
any notice to O.P. No. 2 as it is an innocuous order. If the O.P.
No.2 feels aggrieved, he/she may approach this Court.
May 5, 2026
A. Mandhani
(Prashant Mishra-I,J.)
Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad
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