Allahabad High Court
SMT GEETA DEVIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the Family Court to decide the pending case expeditiously within three months, subject to the absence of legal hurdles.
Summary
The applicant, Smt. Geeta Devi, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Principal Judge of the Family Court in Azamgarh to expedite the pending family dispute case (Case No. 12 of 2024). The trial court had been hearing the matter for an extended period without reaching a conclusion. The State’s Additional Government Advocate raised no objection to expediting the case. The High Court, noting the undue delay, directed the trial court to decide the matter within three months of receiving a certified copy of the order, barring any legal impediment and disallowing unnecessary 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 High Court can direct the Family Court to expedite a pending case under Section 529 Cr.P.C.
- Whether such direction is appropriate in the interest of justice given the pendency of the case
Legislation cited
- Code of Criminal Procedure, 1973 — s. 128, 529
Subjects
- expedition of trial
- family court
- pendency
- Criminal Procedure Code
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2266 of 2026
Smt Geeta Devi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard 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 the Principal Judge, Family Court, District Azamgarh, to decide
the Case No. 12 of 2024 (Geeta Devi Vs. Dharmdev Yadav) under section
128 Cr.P.C., Police Station- Bilariyaganj, District- Azamgarh, pending in
the court of Principal Judge, Family Court, District- Azamgarh.
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 three 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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