Shalu Mishra v. Addl. Principal Judge Family Court No. 6, Lucknow and Another

Court No. - 16 Case :- MATTERS UNDER ARTICLE 227 No. - 3728 of 2024 Petitioner :- Shalu Mishra Respondent :- Addl. Principal Judge Family Court No. 6, Lucknow And Another Counsel for Petitioner :- Ashok Kumar Pathak,Uday Pratap Singh Hon'ble Shamim Ahmed,J. Heard Sri Uday Pratap Singh, learned counsel for the petitioner as well as Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction commanding the learned Additional Principal Judge, Court No.6, Family Court Lucknow for speedy disposal of the application dated 19.03.2024 filed in the Case No.423/2021, under Section 125 Cr.P.C., Lucknow. Learned counsel for the petitioner submits that a positive direction be given to the trial court to decide the aforesaid application within a stipulated period. Learned A.G.A.-I has no objection on the prayer made by the learned counsel for the petitioner and submits that a positive direction be given to the trial court to decide the application of the petitioner, as merely keeping pending the same by the trial court does not suffice any purpose of the litigation. In view of the statements made by the learned counsel for the parties, the trial court is directed to decide the aforesaid application filed by the petitioner in the above mentioned case expeditiously i.e. within six weeks, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case. With the aforesaid observation, the petition is disposed of finally. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this petition and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 9.8.2024/Saurabh High Court of Judicature at Allahabad, Lucknow Bench