Allahabad High Court
SADHANA PANDEYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court ordered the Family Court to decide the pending petition within six months, without permitting undue adjournments.
Summary
The applicant, Sadhana Pandey, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Additional Principal Judge of the Family Court in Gorakhpur to decide her pending petition (Case No. 1017 of 2022) under Section 125 CrPC within a reasonable time. The applicant argued that the case had been pending for an unduly long period without reaching a conclusion. The State, represented by the Additional Government Advocate, raised no objection to expediting the matter. The High Court, noting the prolonged pendency, directed the trial court to endeavour to dispose of the case within six months of receiving the certified copy of the order, provided there are no legal impediments, and to avoid unnecessary adjournments. The application was consequently disposed of with the said direction.
Issues considered
- Whether the High Court can direct a Family Court to decide a pending Section 125 CrPC petition within a specified time frame
- Whether such a direction is appropriate to prevent undue delay and adjournments
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125, 529
Subjects
- expeditious trial
- family court
- Section 125 CrPC
- pendency
- adjournments
- Section 529 CrPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2292 of 2026
Sadhana Pandey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Sandeep Kumar Dubey, 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 Additional Principal Judge, Family Court, Gorakhpur to decide
the Case/petition no. 1017 of 2022 (Sadhana Pandey Vs. Lokeshwar
Pandey) under section 125 of Cr.P.C., pending before the court of learned
Additional Principal Judge, Family Court Gorakhpur within stipulated
time.
Learned counsel for the applicant submitted that the present case, as
mentioned above, 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 six months from the date of
production of certified copy of this order, if there is no legal hurdle,
without permitting any undue adjournments to either sides.
With the aforesaid the instant application stands disposed of.
(Prashant Mishra-I,J.)
May 7, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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