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2025 DAILYLAW 110408 (ALL)

GURUMUKH SINGH POPLI v. STATE OF U.P. AND ANOTHER

NA529/2361/2024 · 2025-01-30

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:15912 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 2361 of 2024 Applicant :- Gurumukh Singh Popli Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.P.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the learned Addl. Chief Judicial Magistrate, Court No.2, Ghaziabad to decide the Complaint No.862 of 2021, (previous case no.91 of 2009) (Smt. Darshana Vs. G.S. Popli) under Section 12 of the Protection of Women from Domestic Violence Act, Police Station Vijay Nagar, District Ghaziabad pending in the Court of Addl. Chief Judicial Magistrate, Court No.2, Ghaziabad, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the present case has been filed under the Domestic Violence Act in the year 2009 and the applicant before this Court is the husband of opposite party no.2. The case is pending since long. The amount, which was ordered to be paid by the applicant has also been paid by him but the trial court is not taking proper interest in the disposal of this very old matter. Therefore, it is urged that the court concerned may be directed for expeditious disposal of the aforesaid case. 4. I have considered the submissions and perused the record. 5. In the factual matrix of the case and keeping in view the fact that this case falls under the category of critically old cases and also considering the object of the Domestic Violence Act, the Court concerned is directed to make all endeavours to decide the aforesaid case within a period of two months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties. 6. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 7. With the above observations, the application stands disposed of. Order Date :- 31.1.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad