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2025 DAILYLAW 117190 (ALL)

SHYAM BABU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 7 OTHERS

A483/33/2025 · 2025-01-16

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2766 Court No. - 16 Case :- APPLICATION U/S 483 No. - 33 of 2025 Applicant :- Shyam Babu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 7 Others Counsel for Applicant :- Ruchi Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. In view of the proposed order being passed, notice to respondent Nos.2 to 8 is dispensed with. Through this petition, the petitioner has prayed for the following relief:- "i. To direct the Additional Chief Judicial Magistrate, Kunda, Pratapgarh to decide the criminal complaint case no. 481 of 2021 "Smt. Neelam Devi Versus Shyam Babu and others" under section-12 of D.V. Act, Police Station-Manikpur, District- Pratapgarh filed by opposite party no.2 pending before him since 06.12.2021 expeditiously within a stipulated period as fixed by this Hon'ble Court as contained in Annexure No. 1 to this petition." Learned counsel for the petitioner submits that complaint case under Section 12 of the D.V. Act was filed before the learned court below on 06.12.2021. It is submitted that the proceedings of the case is going on at a very slow pace although according to Section 12(5) of the D.V. Act, the proceedings are liable to be disposed of/concluded within a period of sixty days from the date of it's first hearing. Learned counsel for the petitioner prays that in the interest of justice, the proceedings may be expedited. On due consideration to the argument advanced as well as perusal of the record, so also the provisions of Section 12(5) of the D.V. Act, learned trial court is directed to make an endeavour to expedite the proceedings of aforesaid case within a period of six months from the date of production of certified copy of this order. With the aforesaid observation, the petition is disposed of. Order Date :- 16.1.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench