Court No. - 49
Case :- APPLICATION U/S 482 No. - 14019 of 2018 Applicant :- Km. Divya (Minor) Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shyamu Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed seeking a direction to the learned Court below to decide the Execution Case No. 105 of 2017 (Km. Divya Vs. Vinod Kumar), under Section 128 Cr.P.C., District Gorakhpur, pending in the Court of Additional Judge Family Court, F.T.C., 2nd, Gorakhpur.
Learned counsel for the applicant states that the final order under Section 125 Cr.P.C. has been passed in the cases of the applicant on 5.12.2016 and that the same had attained finality. In such facts, it is stated that the proceeding under Section 128 Cr.P.C. is pending since 2017.
Considering the fact that the trial has remained pending for very long and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, without granting any unnecessary or long adjournments as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 24.4.2018 Mini