High CourtsSingle Bench(2021) 10 J&K CK 0052

Mohd Zulf And Others vs Nahima Naz

Jammu And Kashmir High Court · Decided on 20 October 2021

HON’BLE JUDGES
Rajnesh Oswal, J
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Cases (CRMC) No. 379 Of 2017, IA No. 1 Of 2017

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Judgment

7 paragraphs · 211 words

Rajnesh Oswal, J

In the present petition the factual aspects have been narrated, those cannot be adjudicated upon while considering petition under section 561-A Cr.PC (now 482 Cr.P.C. ).

At this stage, learned counsel for the petitioners submits that the respondent is un-necessarily delaying the proceedings before the trial court. He further submits that the respondent has laid a motion for restoration of the proceedings under section 488 Cr.P.C.

In view of the above, this petition is disposed of with a direction to the petitioners to take all the pleas before the trial court and the trial court shall make an endeavour to dispose of the petition as expeditiously as possible, within statutory period as provided under law and shall not grant un-necessary adjournments to either of the parties.

In the event the proceedings under section 488 Cr. P.C. are restored, the learned trial court shall also consider the amount of maintenance already awarded to the respondent under section 488 Cr.P.C while considering application filed by the respondent for grant of interim maintenance.

The petitioner Nos. 2 to 6 may lay a motion before the trial court for their exemption from appearance and in case such a motion is laid, the learned trial court shall consider the same expeditiously.

Disposed of.