Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 12466 (ALL)

MONITA ALIAS MUNITA v. STATE OF U.P. AND ANOTHER

NA529/182/2025 · 2025-02-04

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:18813 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 182 of 2025 Applicant :- Monita Alias Munita Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Behari Yadav Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the Court of Judicial Magistrate, F.T.C., Mau to decide the Case No.961 of 2021, (Monita @ Munita Vs. Brijesh Yadav) under Section 12 of the Protection of Women from Domestic Violence Act, Police Station Doharighat, District Mau pending before it, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the present case has been filed by the applicant under the Domestic Violence Act and the same was registered before the court concerned on 2021. Applicant is the wife / complainant and she wants speedy trial of case. Accused / Opposite party no.2 is not appearing before the court and process are regularly being issued to him by the court. Therefore, it is urged that the court concerned may be directed for expeditious disposal of the aforesaid case. 4. I have considered the submissions and perused the record. 5. The present case is pending for appearance of O.P. No.2 but he is not appearing despite several process sent to them. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under its name. 6. In the factual matrix of the case and keeping in view the hardship suffered by the applicant / aggrieved wife and also considering the object of the Domestic Violence Act, the Court concerned is directed to make all possible endeavours for the appearance of the opposite party in that case and thereafter decide the aforesaid case within a period of two months, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 8. With the above observations, the application stands disposed of. Order Date :- 5.2.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad