Allahabad High Court
SOGRA KHATOON AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the pending family suit within three months, subject to the absence of legal impediments.
Summary
The applicants, Sogra Khatoon and another, filed an application under Section 529 of the Criminal Procedure Code seeking expeditious disposal of a pending family suit (Case No. 199 of 2024) before the Principal Judge, Family Court, District Mau. The trial court had been hearing the matter since 2024 without reaching a conclusion. The respondents, the State of U.P. and another, did not oppose the request for acceleration, stating that issuing notice to the second opposite party would be unnecessary. The High Court, after hearing counsel, directed the trial court to decide the case within three months of receiving a certified copy of the order, barring any legal impediment and without unnecessary adjournments. Consequently, the application was disposed of with the directive for speedy disposal.
Issues considered
- Whether the High Court should issue a direction for the trial court to expedite the pending family suit.
- Whether any procedural impediment exists that would prevent a three‑month timeline for disposal.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 128, 529
Subjects
- expeditious disposal
- family court
- Section 128 CrPC
- Section 529 CrPC
- interim relief
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2249 of 2026
Sogra Khatoon And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sarfaraz Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Sarfaraz Ahmad, learned counsel for the applicants
and learned A.G.A. representing the State and perused the record.
2. The instant application has been preferred by the applicants
with a prayer for expeditious disposal of Case No. 199 of 2024
(Sogra Khatoon Vs. Mumtaz Ahmad), under Section 128
Cr.P.C., Police Station Dakshin Tola, District Mau, pending in
the court of learned Principal Judge, Family Court, District Mau,
within stipulated time.
3. Learned counsel for the applicant submitted that aforesaid
matter is pending since 2024 before the concerned trial court and
the same has not culminated to its logical conclusion.
4. Learned A.G.A. states that no useful purpose would be served
in issuing notice to opposite party No. 2 and keeping this
application pending before this Court and he has no objection if
the matter be expedited in the interest of justice.
5. In view of the above, it is directed that the learned trial court
concerned shall make all endeavour to decide the case
expeditiously preferably within a period of three months from the
date of production of certified copy of this order, if there is no
NA529 No. 2249 of 2026
2
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 6, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
Checking your session…