Smt Anita Gupta vs State Of U.P. And Another
2024 Latest Caselaw 38773 ALL

Allahabad High Court

Smt Anita Gupta vs State Of U.P. And Another on 25 November, 2024

Author: Dinesh Pathak

Bench: Dinesh Pathak

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:184651
 
Court No. - 76
 
Case :- APPLICATION U/S 482 No. - 37679 of 2024
 
Applicant :- Smt Anita Gupta
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- A.T. Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Pathak,J.
 

1. Heard learned counsel for the applicant, learned AGA and perused the record.

2. The present applicant has invoked the inherent power of this Court under Section 482 CrPC seeking expeditious disposal of the Execution Suit No. 440 of 2022 (Anita Devi Versus Jhinak Gupta), under Section 128 Cr. P.C., Police Station Brijmanganj, District Maharajganj, pending in the court of Principal Judge, Family Court, Maharajganj.

3. It is submitted that an application under Section 125 Cr. P.C. for maintenance filed on behalf of the applicant, has been allowed vide judgment dated 27.10.2018. Having been aggrieved with non compliance of the order dated 27.10.2018, present applicant has moved an application under Section 128 of I.P.C. for implementation of aforesaid order. Said application is pending consideration since 09.05.2022, despite the fact that opposite party is already appeared and case is ready for final adjudication.

4. Learned AGA has no objection in case a direction is issued for expeditious disposal of the aforesaid application by this Court within some stipulated period.

5. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction to Principal Judge, Family Court, Maharajganj before whom the aforementioned application is pending disposal, to decide the same expeditiously, preferably, within a period of six months, in accordance with law, from the date of receipt of a certified copy of this order.

6. It is expected that the matter should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties.

7. With the aforesaid direction, present application is disposed of.

Order Date :- 25.11.2024

T.S.