Created by Fuzzy Cloud

Allahabad High Court

SADHANA PANDEYversusSTATE OF U.P. AND ANOTHER

Decided

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.