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2025 DAILYLAW 113035 (ALL)

CHHAVI SHARMA v. STATE OF U.P. AND ANOTHER

A483/2519/2024 · 2025-01-21

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13310 Court No. - 82 Case :- APPLICATION U/S 483 No. - 2519 of 2024 Applicant :- Chhavi Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Rana,Ravi Prakash 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 Case No.213 of 2023, (Chhavi Vs. Amit) under Sections 12 of the Protection of Women from Domestic Violence Act, Police Station Modinagar, District Ghaziabad pending in the Court of Gramin Nyayalay, Modinagar, 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 2023 and the applicant is the wife / complainant and she wants speedy trial of case that is pending since 2023. 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 since 2023. From the perusal of the order-sheet it appears that the learned trial court is taking a little lenient approach against the opposite party no.2. The court has ample power under the law to pass suitable and effective orders to ensure the speedy trial. Courts are expected to be sensitive in cases involving crime against women. 6. In the factual matrix of the case and keeping in view the hardship suffered by the applicant / aggrieved wife and also considering the object of the Domestic Violence Act, the Court concerned is directed to make all endeavours for the appearance of the opposite party in that case and to decide the aforesaid case within 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 :- 21.1.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad