Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:72289 Court No. - 80 Case :- APPLICATION U/S 483 No. - 2475 of 2024 Applicant :- Lubna Imtiyz Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neelesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Complaint Case No.397 of 2022, (Lubna Imtiyaz Vs. Mohd. Imran Ansari) under Section 12 of the Protection of Women from Domestic Violence Act, Police Station Naini, District Prayagraj (Allahabad) pending in the Court of Judicial Magistrate-IV, Allahabad, 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 by the applicant / aggrieved wife under the Domestic Violence Act and the same was registered before the court concerned on 2022 and since then it is pending. Applicant is the wife / complainant and she wants speedy trial of case. Accused / Opposite party no.2 is not appearing before the court despite several process being issued to him by the court. 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. The present case is pending for appearance of O.P. No.2 but he is not appearing despite several process sent to him. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under its name.
6. In the factual matrix of the case 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.
7. 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.
8. With the above observations, the application stands disposed of.
Order Date :- 29.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad