Allahabad High Court
RAMA DEVI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRASHANT MISHRA I
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
- Code of Criminal Procedure, 1973 — s. 125, 529
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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