Allahabad High Court
Som Kumar (Minor) vs State Of U.P. And Another on 10 December, 2019
Author: Narendra Kumar Johari
Bench: Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- APPLICATION U/S 482 No. - 44317 of 2019 Applicant :- Som Kumar (Minor) Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A. Hon'ble Narendra Kumar Johari,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to direct the court below to decide the application under Section 128 Cr.P.C. as Misc. Case No.440 of 2014 (Som Kumar Vs. Anil Kumar), P.S.- Soraon, District- Allahabad, pending in the court of Principal Judge Family Court, Kasganj.
Heard learned counsel for the applicant and the learned A.G.A. appearing for the State.
Learned counsel for the applicant has submitted that he is the minor son of opposite party no.2 and the Principal Judge Family Court, Kasganj vide order dated 19.04.2016 has passed the order against opposite party to provide Rs.4,000/- per month as maintenance from 24.11.2014. He has further stated that in spite of order of the court the opposite party has not paid the aforesaid maintenance amount to applicant due to which applicant is facing a great hardship. Learned counsel for the applicant has further submitted that he had filed four applications in each year under Section 128 Cr.P.C. Applicant has placed much reliance in para 7 of his affidavit. He prayed that in the interest justice the court concerned be directed to dispose of Misc. Case No.440 of 2014 (Som Kumar Vs Anil) expeditiously.
Considering the request, the court concerned is directed to decide the application of the applicant filed under Section 128 Cr.P.C. expeditiously in accordance with law and without granting any unnecessary adjournment, if there is no legal impediment.
With the above direction, the application is disposed of.
Order Date :- 10.12.2019 Krishna