KSHAMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A483/200/2025 · 2025-03-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126491 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126491 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12865 Court No. - 16 Case :- APPLICATION U/S 483 No. - 200 of 2025 Applicant :- Kshama Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arvind Kumar Tiwari 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- respondent. Notice to respondent no.2 is dispensed with in view of the proposed
order. Through this petition, the petitioner has prayed for a direction to learned Additional Chief Judicial Magistrate, Kunda, Distrait Pratapgarh to decide the Complaint Case No.476 of 2018 Kshama and another vs. Rohit Tiwari and others, Police Station Manikpur, District Pratapgarh.
Learned counsel for the petitioner submits that the complaint case under Section 12 of the Protection of women from Domestic Violence Act, 2005 filed by the petitioner is pending since 2018 before the learned court below. It is submitted that although Sub-section 5 of Section 12 of the Protection of Women from Domestic Violence Act, 2005 provides that the application filed under sub-Section 1 of Section 12 of the Protection of Women from Domestic Violence Act, 2005 must be decided within 60 days from the date of first hearing, however, the same has not been decided yet. Considering the above, the application is disposed of directing the
learned trial court to decide the complaint case (supra) preferably within a period of sixty days' as provided under Sub-section 5 of Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Order Date :- 4.3.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench