Smt Soni Devi @ Sona vs State Of U.P. And Another
2023 Latest Caselaw 13674 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 483 No. - 384 of 2023
 

 
Applicant :- Smt Soni Devi @ Sona
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Krishna Mani
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ram Manohar Narayan Mishra,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This Application under Section 483 Cr.P.C. has been filed by the applicant with a prayer to direct the court below to hear and decide the Misc. Case No. 512 of 2021, under Section 128 Cr.P.C., P.S. Kotwali Dehat, District Mirzapur, pending before learned Principal Judge, Family Court, Mirzapur, expeditiously within short span of time.

Learned counsel for the applicant submits that an application was filed on 12.10.2021 for execution of final judgment and order passed by the court concerned. Service of notice on opposite party was held to be sufficient on 9.5.2022 and recovery warrant was issued against him for realization of maintenance amount. On 25.8.2022 opposite party appeared and moved an application for staying the recovery proceedings on the ground that he has filed a recall application against ex-parte judgment and order on which recovery proceedings were stayed by the court concerned, however, opposite party again failed to appear on 20.2.2023, hence, a direction may be issued to the court below to decide the same expeditiously.

Having regard to the facts and circumstances of the case and considering the submissions made by learned counsel for the parties, court below is directed to make all endeavour to decide the aforesaid case, expeditiously preferably within a period of six months from the date of production of a certified copy of this order, without giving undue adjournment to either side, provided there is no legal impediment.

With this direction, this application is disposed of.

Order Date :- 1.5.2023

A.P. Pandey