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2025 DAILYLAW 118772 (ALL)

MUSARRAT JAHAN v. STATE OF U.P. THRU. THE PRIN. SECY. HOME U.P. GOVT. LKO. AND 3 OTHERS

/65/2025 · 2025-01-27

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5027 Court No. - 12 Case :- APPLICATION U/S 483 No. - 65 of 2025 Applicant :- Musarrat Jahan Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home U.P. Govt. Lko. And 3 Others Counsel for Applicant :- Gaurav Kumar,Rajesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record. The instant application under Section 483 Cr.P.C. has been preferred for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to direct the Additional Chief Judicial Magistrate Kunda, Pratapgarh to decide the Criminal Misc. Case No.249/2023 (Musarrat Jahan versus Sayyed Ahmad Ali and other) U/S 12 of Domestic Violance Act, P.S.- Hathigawn, District Pratapgarh which is pending since 2023 before the court of Additional Chief Judicial Magistrate Kunda, Pratapgarh as expeditious as possible or within a period as stipulated by this Hon'ble court." Considering the facts and circumstances of the case indicated in the application including the period of pendency of the case in issue, which was filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (in short 'Act of 2005'), by the applicant and also that as per Sub Section 5 of Section 12 of the Act of 2005, the Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing, the present application is disposed of with a direction to the court concerned to make all endeavour for concluding the proceedings of the case in issue, expeditiously as according to various pronouncements of the Hon'ble Apex Court including the judgment(s) passed in the case of Maneka Gandhi Versus Union of India and Another (1978) 1 SCC 248, Hussainara Khatoon Versus Home Secretary, State of Bihar (1980) 1 SCC 81, Kadra Pahadiya and Others Versus State of Bihar (1981) 3 SCC 671, the right to speedy trial/disposal of case is implicit under Article 21 of the Constitution of India. With the aforesaid, the instant application is disposed of. Order Date :- 27.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench