Allahabad High Court
MANORAMA DEVIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the pending case within four months, disposing of the application as an innocuous order.
Summary
The applicant, Manorama Devi, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Additional Principal Judge of Family Court No. II, Varanasi, to decide a pending Section 125 CrPC case (Case No. 483 of 2023) within a specific time frame. The trial court had delayed the case for an extended period, and the applicant argued that the matter required expeditious resolution. The State's Additional Government Advocate (A.G.A.) raised no objection to expediting the case in the interest of justice. The High Court, after hearing counsel, directed the trial court to decide the matter preferably within four months from receipt of the certified copy of the order, barring any legal hurdles and without undue adjournments. The application was disposed of as an innocuous order, with a note that the second opposite party could approach the Court if aggrieved.
Issues considered
- Whether the High Court can direct the trial court to decide a pending Section 125 CrPC case within a stipulated period under Section 529 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125, 529
Subjects
- Section 529 CrPC
- Section 125 CrPC
- expeditious trial
- family court
- pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2260 of 2026
Manorama Devi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajan Babu
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Ankit Tiwari, Advocate holding brief of learned counsel for the
applicant and learned A.G.A. for the State and perused the record.
The instant application has been preferred by the applicant with a prayer
to direct to the court of Learned Additional Principal Judge, Family Court
No. II Varanasi, District- Varanasi to decide the Case No. 483 of 2023
(Manorma Devi Vs. Shivashankar Prasad) under Section 125 Cr.P.C.,
Police Station- Baragaon, District- Varanasi, within specific stipulated
period.
Learned counsel for the applicant submitted that present case is pending
since long and the case has not culminated to its logical conclusion.
Learned A.G.A. has no objection if the matter be expedited in the interest
of justice.
Keeping in view the period of pendency of the case, it is directed that the
learned trial court shall make all endeavour to decide this case
expeditiously preferably within a period of four 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.
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 may approach this Court.
(Prashant Mishra-I,J.)
May 6, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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