SUSHILA VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A483/137/2025 · 2025-02-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123895 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123895 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10250 Court No. - 16 Case :- APPLICATION U/S 483 No. - 137 of 2025 Applicant :- Sushila Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Desh Ratan Mishra,Neeraj Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for respondent State. Notices to respondent no.2 is dispensed with in view of the proposed order. Through this application the applicant has prayed for the following relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the learned Additional Chief Judicial Magistrate-II, Faizabad to decide the complaint No.3427 of 2017 "Sushila Versus Satya Prakash" under section 12 of Protection of Women from Domestic Violence Act 2005, pending before him since 27.3.2017, expeditiously within stipulated period, as early as possible. Any other order, which this Hon'ble Court may deem fit and proper under the circumstances of the case, also be passed in favour of the Petitioner." Perused the record.
Learned counsel for the applicant submits that the complaint under Section 12 of the Protection of Women from Domestic Violence Act 2005 is pending since
2017. Section 12(5) of the Protection of Women from Domestic Violence Act 2005 mandates the court to decide the complaint within sixty days. In view of the above, the application is disposed of directing the learned court below to decide the complaint in view of the statutory mandate under Section 12(5) of the Protection of Women from Domestic Violence Act 2005.
Order Date :- 17.2.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench