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2025 DAILYLAW 114130 (ALL)

RAM KRISHNA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

/105/2025 · 2025-01-13

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2135 Court No. - 30 Case :- MATTERS UNDER ARTICLE 227 No. - 105 of 2025 Petitioner :- Ram Krishna And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Petitioner :- Hari Narayan Singh Counsel for Respondent :- G.A. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. In view of the proposed order notice to private respondent is dispensed with. 3. By means of the present petition under Article 227 of the Constitution of India, a prayer has been made for expeditious disposal of Application dated 18.06.2022 filed in Case No.4416/2019, under Section 12 of Domestic Violence Act, Police Station Kotwali Dehat, District Hardoi; Manorama Vs. Ram Krishan, pending before learned Civil Judge (Junior Division), F.T.C. Women, District Hardoi. 4. Learned counsel for the petitioners submits that grievance of the petitioners would be sufficiently met in case A.C.J.M.-III, Unnao, considers and decides the aforesaid application in the time bound manner. 5. Considering the fact that the aforesaid application was filed in 2022 of which proceedings are underway and from the perusal of the writ petition, there is no disclosure of any extra ordinary circumstance as to why this Court should exercise its jurisdiction under Article 227 of the Constitution of India to direct the trial court to decide the same expeditiously. 6. This Court is conscious of the fact that the trial courts are burdened to heavy dockets and in a routine manner directions cannot be passed to the trial court to decide any particular case out of turn expeditiously. It is when some extra ordinary circumstance is made out only then it would be appropriate for this Court to exercise its extra ordinary jurisdiction under Article 227 of the Constitution of India. Liberty should be given to the petitioners to place their grievances before the trial court who after looking into the urgency as well as dockets situation and pass appropriate orders to expedite the proceedings. In the present case no such circumstances have been mentioned or made out requiring interference of this Court under Article 227 of the Constitution of India. 7. However, liberty is given to the petitioners to move appropriate application detailing urgency for expeditiously disposal of the aforesaid application dated 18.06.2022 before the trial court. In case, such application is moved within two weeks from today, the trial court shall consider and decide the same expeditiously, say, within three weeks thereafter. In case, the trial court is prima facie satisfied that a case for urgency is made out, it shall pass suitable order thereon. 8. With aforesaid observation and direction the petition stands disposed of. (Om Prakash Shukla,J.) Order Date :- 13.1.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench