Allahabad High Court
SMT SAKSHI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the pending Section 125 Cr.P.C. case within six months, disposing of the application.
Summary
The applicants, Smt Sakshi and another, filed an application under Section 529 of the Allahabad High Court seeking expeditious disposal of a pending petition under Section 125 of the Criminal Procedure Code (Case No. 122 of 2020) before the Family Court, Mathura. The petition had been pending since 2020 without reaching a conclusion. The State, represented by the Additional Government Advocate, raised no objection to expediting the matter and argued that issuing notice to the second opposite party would be unnecessary. The Court examined the submissions and, noting the prolonged delay, directed the trial court to decide the case within six months of the certified copy of the order, barring any legal impediment and without unnecessary adjournments. Consequently, the application was disposed of with the directive to the trial court.
Issues considered
- Whether the High Court can direct the trial court to expedite a pending Section 125 Cr.P.C. petition within a specified time frame
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- Section 125 CrPC
- expedition of proceedings
- family court
- adjournments
- high court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2253 of 2026
Smt Sakshi And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dinesh Kumar, Suresh
Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Dinesh Kumar, 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. 122 of 2020
(Sakshi and another Versus State of U.P. and another), under
Section 125 Cr.P.C., Police Station Mahawan, District Mathura,
pending in the court of Ld. Principal Judge, Family Court,
Mathura, within stipulated time.
3. Learned counsel for the applicants apprised this Court that a
petition under Section 125 Cr.P.C. is pending since 2020 before
the concerned trial court and the case 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
NA529 No. 2253 of 2026
2
expeditiously preferably within a period of six months from the
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, the instant 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…