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Allahabad High Court

RAMA DEVI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court ordered the trial court to decide the pending case within six months and disposed of the application.

Summary

The applicants filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of a pending Section 125 CrPC maintenance case (Case No. 379 of 2024) before the Family Court in Fatehpur. The trial court had been handling the matter since 2024 without reaching a conclusion. The State's counsel raised no objection to the request. The High Court, after hearing counsel, directed the trial court to decide the case within six months of the order, prohibiting unnecessary adjournments unless a legal impediment exists. The application was thereafter disposed.

Issues considered

  • Whether the High Court can order an expeditious disposal of a pending Section 125 CrPC case under Section 529 CrPC
  • Whether the trial court may be directed to limit adjournments

Legislation cited

Subjects

  • expeditious disposal
  • Section 529 CrPC
  • Section 125 CrPC
  • family court
  • adjournment
  • criminal procedure

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 2371 of 2026

                                    Rama Devi And 2 Others
                                                                                                   .....Applicant(s)
                                                                         Versus

                                    State of U.P. and Another
                                                                                                        .....Opposite
                                                                                                              Party(s)

                                    Counsel for Applicant(s)      : Abhishek, Praveen Kumar Shukla,
                                                                    Premshankar Shukla
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 84
                                                       HON'BLE PRASHANT MISHRA-I, J.

                                    1. Heard Mr. Praveen Kumar Shukla, learned counsel for the applicant and
                                    learned A.G.A. representing the State and perused the record.

                                    2. The instant application has been preferred by the applicant with a prayer
                                    for expeditious disposal of Case No. 379 of 2024 (Rama Devi and Others
                                    Vs. Pramod Kumar) under Section 125 Cr.P.C., Police Station Bindaki,
                                    District Fatehpur, pending in the court of learned Principal Judge, Family
                                    Court, District Fatehpur, within stipulated time.

                                    3. Learned counsel for the applicant submitted that the present case is
                                    pending since 2024 and the same has not culminated to its logical
                                    conclusion.

                                    4. Learned A.G.A. has no objection to the innocuous prayer of the applicant.

                                    5. In view of the above, it is directed that the learned trial court concerned
                                    shall make all endeavour to decide the aforesaid case expeditiously,
                                    preferably withing a period of six months from the date of production of
                                    certified copy of this order, without granting any unnecessary
                                    adjournment to either of the parties, if there is no legal impediment.

                                    6. With the aforesaid direction, this application is disposed of.


                                                                                           (Prashant Mishra-I,J.)
                                    May 12, 2026
                                    A. Mandhani




Digitally signed by :-
ABHISHEK MANDHANI
High Court of Judicature at Allahabad


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