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2025 DAILYLAW 116112 (ALL)

Abeera khan v. STATE OF U.P. THRU PRIN.SECY. HOME U.P. LKO AND ORS.

A483/13/2025 · 2025-01-10

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1999 Court No. - 16 Case :- APPLICATION U/S 483 No. - 13 of 2025 Applicant :- Abeera Khan Opposite Party :- State Of U.P. Thru Prin.Secy. Home U.P. Lko And Ors. Counsel for Applicant :- Mohammad Aziz Mansuri Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner as well as learned AGA for the State. By the petition, the petitioner has prayed for expeditious disposal of the proceedings of complaint case no. 1638/2023, dated 06/04/2023 under section 12 DV Act, (Abeera Khan versus Mohammad Arif and others) concerned Police Station - Madiyaon District - Lucknow, within stipulated period of time as fixed by this Hon'ble Court, pending in the Learned Court of Judicial Magistrate, 3rd, Lucknow, District-Lucknow. Learned counsel for the petitioner submits that the petitioner filed the said application on 06.04.2023 and since then the matter is pending. The learned court below has repeatedly adjourned the case without any sufficient cause citing absence of presiding officer and boycott of advocates. No specific reason has been assigned while adjourning the matter. It has been further submitted that section 12(5) of Domestic Violence Act provides that "the Magistrate shall endeavour to dispose of every application filed under sub-section (1) within a period of sixty days from the date of its first hearing". It is lastly submitted that considering the financial stringency of the applicant, proceedings in the aforementioned case may be expedited. In view of the above, notices to respondent no. 2, 3, 4 and 5 are dispensed with. The matter is disposed of with a direction to learned court below to expedite the proceedings of the aforementioned case strictly in view of provision of Section 12 (5) of Domestic Violence Act and if possible within a period of sixty days. Order Date :- 10.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench