Court No. - 73
Case :- APPLICATION U/S 482 No. - 7173 of 2019 Applicant :- Smt. Mamta Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.
This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of execution Case No. 121 of 2009, under Section 125(3) Cr.P.C. arising out of order dated 18.06.2009 passed by Additional Principal Judge, Family Court, Kanpur Nagar in Case No. 39 of 2007 (Old Case No. 536 of 2004), under Section 125 Cr.P.C. within the stipulated period.
It is submitted by learned counsel for the applicant that earlier the applicant had filed Application U/S 482 No. 6842 of 2017 which was disposed of by this Court vide order dated 2.3.2017 with direction to decide the case within a period of eight months from the date of production of certified copy of the order, but till date the matter has not been decided.
Considering the fact that the trial has remained pending since 2007. 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 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, without granting any unnecessary or long adjournments to either of the parties.
It is made clear that if any adjournment is granted, the court below shall record reasons in writing for granting adjournment.
Order Date :- 25.2.2019 Rmk.