Court No. - 49
Case :- APPLICATION U/S 482 No. - 9884 of 2018 Applicant :- Master Aryan Through His Mother Anita Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prasoon Tomar 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 as also perused the record.
This application under Section 482 Cr.P.C. has been filed seeking direction to the court below to decide the Case No. 496 of 2013 (Master Aryan through his mother Vs. Dharam Singh) under Section 128 Cr.P.C., pending before the court of Principal Judge, Family Court, Bijnor within stipulated period.
Learned counsel for the applicant submits that while the order under Section 125 Cr.P.C. had been passed on 17.01.2011 and a criminal revision no. 991 of 2011 arising therefrom was decided on 08.08.2012, no part of maintenance allowance has been paid to the applicant. In this regard, the application under Section 128 Cr.P.C. filed by the applicant has remained pending since 23.12.2013.
Considering the fact that the application under Section 128 Cr.P.C. has remained pending since 23.12.2013 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 application in accordance with law, without granting any unnecessary or long adjournments to either of the parties 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 :- 28.3.2018 Lbm/-