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Neutral Citation No. - 2025:AHC:14088 Court No. - 77 Case :- APPLICATION U/S 482 No. - 2751 of 2025 Applicant :- Smt. Seema Sonkar Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Gaurav Singh Yadav,Rajjan Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Gaurav Singh Yadav, learned counsel for the applicant and Sri P.P. Tiwari, learned A.G.A. for the State.
2. The present application has been filed for directing the learned Judicial Magistrate, Chakia, Chandauli to expedite the trial of Complaint Case No. 984 of 2020 (Smt. Seema Sonkar Vs. Amit Sonkar and others) u/s 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Domestic Violence Act'), Police Station- Chakia, District- Chandauli, within stipulated period.
3. Contention of learned counsel for the applicant is that complaint case of the applicant u/s 12 of the Domestic Violence Act has been pending since 2020, but till date it has not been decided. As per Section 12(5) of the Domestic Violence Act, it is provided that the Magistrate shall endeavour to dispose of every application made under this Section within a period of 60 days from the date of its first hearing. Sections-12(4) and 12(5) of the Domestic Violence Act are being quoted below:-
"12(4). The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. 12(5). The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing."
4. In view of the above, there is a statutory mandate to decide the complaint u/s 12 of the Domestic Violence Act within a period of 60 days from the date of its first hearing.
5. Accordingly, the learned Judicial Magistrate, Chakia, Chandauli, is directed to conclude and decide the trial of Complaint Case No. 984 of 2020 (Smt. Seema Sonkar Vs. Amit Sonkar and others) arising out of proceeding u/s 12 of the Domestic Violence Act, expeditiously preferably within a period of 60 days from the date of receipt of copy of this
order.
6. With the aforesaid direction, the application is disposed of.
Order Date :- 27.1.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad