Rekha Singh vs State of U.P. and Another

Barkat Ali Zaidi, J.—We have, before us, proceedings u/s 125, Cr. P.C. for grant of maintenance to the wife-applicant, pending in the Magistrate''s Court at Kalpi, Orai for 11 years.

Seeing the slow grind of criminal justice system, this does not seem very unusual. The lady wife of opposite party No. 2 is in distress. She says that she is residing at Kanpur and has been coming to Kalpi, Orai all these years and she wants the case transferred to Kanpur Nagar so that she may not have to run every time to Kalpi, Orai so long as the petition is pending.

Heard Sri Y. D. Dwivedi, advocate for the applicant, and Mohd. Israil Siddiqui, Addl. Government Advocate for the State.

It is also surprising to note that the District Judge, Jalaun also did not take notice, and it seems that proper supervision is not being done about the disposal of old cases. The case could have been noticed by the District Judge in monthly meeting and time to time inspection.

The lady wants the case transferred to Kanpur because she resides there, but that not be necessary, and the case can be shifted to another Court at, Orai.

In the circumstances, it seems appropriate to transfer the case to the Chief Judicial Magistrate, Orai with the direction that the case be positively decided within a month, this order reaches him, and the District Judge is asked to supervise the proceedings of the case.

Order accordingly.