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2025 DAILYLAW 121769 (ALL)

SMT. PREETI MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 7 OTHERS

A483/117/2025 · 2025-02-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8526 Court No. - 17 Case :- APPLICATION U/S 483 No. - 117 of 2025 Applicant :- Smt. Preeti Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 7 Others Counsel for Applicant :- Aradhyanayan Tiwari,Anshul Verma,Ayushi Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. Present case has been preferred under Section 483 Cr.P.C. now under Section 529 B.N.S.S.for expeditious disposal of Case No. 1489 of 2024 titled as Preeti Mishra Vs. Rajiv Kumar Suman and others, P.S.-Indira Nagar, pending before the Court of Additional Chief Judicial Magistrate-II, Lucknow, Court No. 26, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as, the Act, 2005). Learned counsel for the applicant has submitted that the case under Section 12 of the Act, 2005 is pending before the Court of Additional Chief Judicial Magistrate-II, Lucknow, Court No. 26 since 02.03.2024. As per Section 12 (5) of the Act, 2005, every endeavour shall be made to decide the case within a period of 60 days from the date of first appearance of the other side. In the present case, respondent nos. 2 to 8 had appeared before the trial court on 09.04.2024 but they had not filed any affidavit disclosing therein their assets and liabilities, as required, despite the 9 opportunities being granted by the trial Court. After arguing at some length, learned counsel for the applicant has submitted that a direction may be issued to the trial court to decide the aforesaid case pending before the trial court expeditiously keeping in mind the law laid down by Hon'ble Supreme Court in the case of Rajnesh Vs. Neha and another reported in (2021) 2 SCC 324. Learned A.G.A. and learned counsel for the respondent no. 2 have no objection to the prayer made by learned counsel for the applicant. As such, the present case is disposed of and it is expected that every endeavour shall be made by the trial court to conclude the proceedings pending, mentioned hereinabove, before it as per the statutory provisions and the law laid down by Hon'ble Supreme Court in the case of Rajnesh (supra). Order Date :- 10.2.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench