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2025 DAILYLAW 134345 (ALL)

PRIYA MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

A483/324/2025 · 2025-04-17

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21718 Court No. - 12 Case :- APPLICATION U/S 483 No. - 324 of 2025 Applicant :- Priya Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Applicant :- Krishna Kumar Verma,Prinsi Singh 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. In this case a prayer has been made for expediting the proceedings in Complaint Case No. 874 of 2021 under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which is pending in the court of learned Additional Chief Judicial Magistrate, Kunda Pratapgarh. 3. A perusal of the order sheet indicates that on most of dates , neither of the counsel are appearing in the said matter and also there was a call for boycott given by the Local Bar Association. Lastly the order dated 11.02.20925 indicates that the applicant herself had appeared before the trial court and the mater was adjourned 04.03.2025. Perusal of the order sheet clearly indicates that even the counsel for applicant is not appearing on most of the dates, when the case was listed and in the present case, the applicant, who has moved an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, a vehement prayer has been made for a direction to the trial court to expedite the aforesaid proceedings. 4. Considering the fact that the matter is pending for last four years is merely on account of the conduct of the counsel for applicant, which is evident from the bare perusal of the order sheet. Considering the fact that proceedings are pending for the last four years, the matter deserves to be expedited. 5. The proceedings can be expedited subject to the counsel for applicant appearing before the trial court to press the case of the complainant. 6. In light of the above, the trial court is directed to proceed with the case with expedition. 7. Learned counsel for applicant undertakes that counsel for complainant shall appear on all the dates and will not take unnecessary adjournment. 8. It is made clear that the proceedings are being expedited only on the undertaking given by learned counsel for applicant that due appearance shall be put in on behalf of the complainant before the trial court. In case of non-compliance or non- appearance, the benefit of this order shall be not made available to the complainant. 9. With the aforesaid observations/directions, this application under Section 483 Cr.P.C. is disposed of. . (Alok Mathur, J.) Order Date :- 17.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench