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2025 DAILYLAW 132946 (ALL)

RICHA MISHRA v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 5 OTHERS

A483/308/2025 · 2025-04-10

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20468 Court No. - 12 Case :- APPLICATION U/S 483 No. - 308 of 2025 Applicant :- Richa Mishra Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And 5 Others Counsel for Applicant :- Satyarth Mishra,Alok Kr. Misra Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for applicant, learned A.G.A. for the State and perused the material available on record. 2. By means of the present application under Section 483 Cr.P.C., the applicant has prayed for expeditious disposal of Case No. 556 of 2022, under Section 12 of the Domestic Violence Act, (Richa Mishra Vs. Pranav Mishra) pending in the court of learned Additional Chief Judicial Magistrate-I, Faizabad. 3. Learned counsel for applicant has submitted that the marriage of the applicant with opposite party no. 2 was solemnized on 27.01.2019. After the marriage, the in-laws of the applicant i.e., opposite party nos. 2 to 6 were not satisfied with dowry given the parents of the applicant. On 20.02.2020 the opposite party no. 2, who is the husband and other family members ousted the applicant from her matrimonial home. Thereafter the applicant lodged an FIR on 03.06.2020 under Sections 498-A, 323, 506 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station PGI, District Lucknow. Thereafter the applicant filed an application under Section 12 of the Domestic Violence Act, on 04.08.2022 being Case No. 556 of 2022 before the court of learned Additional Chief Judicial Magistrate-I, Faizabad and since then the same is pending consideration. It is urged that though the matter is being listed but for one reason or the other, the Case No. 556 of 2022 pending before the court of learned Additional Chief Judicial Magistrate-I, Faizabad is not being decided. 5. After arguing the matter at some length, learned counsel for applicant submits that trial Court may be directed to decide the Case No. 556 of 2022 in a time bound manner. 6. At this stage, this Court is not inclined to interfere in the matter said matter. However, liberty is granted to the applicant to approach the trial Court and move an appropriate application detailing urgency for expeditious disposal of aforesaid case, along with the order passed by this Court, within two weeks from today, and in case, if such an application is moved, the trial Court shall consider and decide the same within three weeks thereafter, and in case any case for urgency is made out by the applicant, it shall pass appropriate orders thereupon, in accordance with law. 7. It is made clear that this Court has not examined the case of either of the parties on merit and the Court concerned shall decide the matter strictly in accordance with law. . (Alok Mathur, J.) Order Date :- 10.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench