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2025 DAILYLAW 107787 (ALL)

SMT ARADHANA @ ROOPA v. STATE OF U.P. AND 9 OTHERS

NA528/39481/2024 · 2025-02-06

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18700 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 39481 of 2024 Applicant :- Smt Aradhana @ Roopa Opposite Party :- State Of U.P. And 9 Others Counsel for Applicant :- Jitendra Kumar,Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Akhilesh Kr. Tiwari, Advocate holding brief of Sri Santosh Kr. Tiwari, learned counsel for the applicant and Sri Kamlesh Kr. Tripathi, learned A.G.A. for the State. 2. The present application has been filed for directing the Special Chief Judicial Magistrate, Prayagraj to decide the complaint case No. 168 of 2024, under Section 12 Domestic Violence Act, P.S. Puramufti, District Prayagraj, within stipulated period. 3. Contention of learned counsel for the application is that complaint case of the applicant u/s 12 Domestic Violence Act has been pending since 2024, but till date it has not bee 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. Section 12(4) and 12(5) of 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 Domestic Violence Act within a period of 60 days from the date of its first hearing. 5. Accordingly, the Special Chief Judicial Magistrate, Prayagraj is directed to conclude the trial of the complaint case No. 168 of 2024, under Section 12 Domestic Violence Act, P.S. Puramufti, District Prayagraj, 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 :- 7.2.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad