Allahabad High Court
Smt. Madhumala Sahu vs State Of U.P. And Another on 10 July, 2020
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 92 Case :- APPLICATION U/S 482 No. - 11953 of 2020 Applicant :- Smt. Madhumala Sahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dewarshi Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant and learned A.G.A. for the State of U.P. The present application u/s 482 Cr.P.C. has been filed to direct the learned court below/Principal Judge, Family Court, Kanpur Nagar to expedite the Case No. 440 of 2017 (Smt. Madhumala Sahu Vs. Mohan Lal), under Section 125 Cr.P.C., P.S. Naubasta, District Kanpur Nagar.
Learned counsel for the applicant submits that application under Section 125 Cr.P.C. is pending before the Principal Judge, Family Court, Kanpur Nagar since 18.05.2017. He submits that his application was decided ex-parte on 11.04.2019 thereafter opposite party no. 2 moved recall application on 04.05.2019. Therefore, this ex-parte order was recalled on 16.12.2019. He submits that he had also moved Application u/s 482 No. 33799 of 2018 (Smt. Madhumala Sahu Vs. State of U.P. and another) in which a co-ordinate Bench of this Court vide order dated 25th September, 2018 has directed Principal Judge, Family Court, Kanpur Nagar to proceed and decide the case within a period of eight months next, unless there be any legal impediment. In case, an application for interim maintenance is filed, the same shall be decided within a period of one month from the date of such application being filed. He submits that since the case is not decided neither any maintenance is allowed, therefore, the applicant is facing hardship.
Considering the facts and nature of the proceeding, it appears appropriate that the court concerned be directed to dispose of the aforesaid case at the earliest which is pending since 18.05.2017. In view of the order passed earlier by a co-ordinate Bench of this Court in Application U/s 482 Cr.P.C. No. 33799 of 2018 Smt. Madhumala Sahu Vs. State of U.P. and another, the court concerned will decide the aforesaid application within a period of three months and on moving interim maintenance application, the same shall be decided within 20 days from the date of proper functioning of the court.
Accordingly, the application is disposed of.
Order Date :- 10.7.2020 Israr