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2025 DAILYLAW 117020 (ALL)

MADHURI PATEL v. ADDL. CHIEF JUDICAIL MAGISTRATE, TEHSIL KUNDA, PRATAPGARH AND OTHERS

A227/398/2025 · 2025-01-28

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5412 Court No. - 14 Case :- MATTERS UNDER ARTICLE 227 No. - 398 of 2025 Petitioner :- Madhuri Patel Respondent :- Addl. Chief Judicail Magistrate, Tehsil Kunda, Pratapgarh And Others Counsel for Petitioner :- Akhilesh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the petitioner as well as learned A.G.A. and perused the material on record. The present petition has been moved with prayer to direct the Additional Chief Judicial Magistrate, Tehsil Kunda, District Pratapgarh i.e. opposite party no.1 to decide the Criminal Misc. Case No.1711/2021, under Section 12 of Domestic Violence Act, 2005, Police Station Kunda, District Pratapgrah. Learned counsel for the petitioner submits that an application u/s 12 of Domestic Violence Act is pending from the year 2021 before the learned court concerned and has not been decided till now, therefore, requested to direct the learned court to make its endeavour to decide the application as early as possible preferably within stipulated time period. Learned A.G.A. has no objection in this regard. Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A. and perusal of record, it appears that a Case No.1711/2021 under Section 12 of Domestic Violence Act is pending before the Additional Chief Judicial Magistrate, Tehsil Kunda, District Pratapgarh, therefore, it is expedient to direct the opposite party no.1 to decide the aforesaid case as expeditiously as possible preferably within the period as provided u/s 12(5) of the Act. Accordingly, this petition is disposed of finally. Order Date :- 28.1.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench