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2025 DAILYLAW 135677 (ALL)

TASNEEM BANO v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 9 OTHERS

A483/345/2025 · 2025-04-23

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22987 Court No. - 12 Case :- APPLICATION U/S 483 No. - 345 of 2025 Applicant :- Tasneem Bano Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 9 Others Counsel for Applicant :- Dinesh Kumar Srivastava,Kamal Nayanam Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. on behalf of the State. 2. Present petition under Section 483 Cr.P.C. has been filed to expedite the proceedings of complaint case No.1978 of 2024 under Section 12 of Domestic Violence Act pending before Additional Chief Judicial Magistrate-VIth, Lucknow. 3. It has been submitted that the petitioner has instituted the said proceedings against her husband and her in-laws and has prayed for restraining order and also for providing a residence. It has been stated that the matter is urgent and a perusal of the order sheet clearly indicates that though the case is regularly listed but it is routinely adjourned on one pretext or the other. 4. It is noticed that the instant matter relates to 2024 and the trial courts are heavily burdened with the dockets due to which large number of cases are pending before them. In the present case, no extraordinary circumstance has been indicated by the petitioner so as to interfere and pass orders for expeditious disposal of the suit which has been filed only in 2024. Accordingly, no case for interference is made out at this stage. 5. However, looking to the aforesaid circumstances, liberty is granted to the petitioner to move appropriate application before the trial court within next two weeks for expediting the proceedings. In case, such an application is made, the trail court shall consider and decide the same within two weeks thereafter by a reasoned and speaking order. In case, the trial court finds that a case for urgency has been made out, it shall proceed to consider and decide the case of the petitioner expeditiously. 6. With aforesaid direction the petition stands disposed of. (Alok Mathur, J.) Order Date :- 23.4.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench