Neutral Citation No. - 2025:AHC-LKO:26175 Court No. - 14 Case :- APPLICATION U/S 483 No. - 343 of 2025 Applicant :- Km. Pooja Opposite Party :- State Of U.P. Thru Principal Sec. Deptt. Of Home And 2 Others Counsel for Applicant :- Ashok Kumar,Chandra Prakash,Satya Prakash Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. Present case has been preferred under Section 483 Cr.P.C./529 B.N.S.S. with following main prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Court of Judicial Magistrate IIIrd Lucknow to decide the case no. 4986 of 2023 (Km. Pooja Vs. Sanjay Kumar and other) under Section 12 Domestic Violence Act, which is pending before him within stipulated time period. " Learned counsel for the applicant has submitted that the applicant has preferred an application dated 05.10.2023 under Section 12 of the the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as, the Act, 2005) but the same is still pending though Section 12 (5) of the Act, 2005 provides that the magistrate shall make endeavor to dispose of every application preferred under Section 12 of the Act, 2005 within 60 days from the date of its first hearing. In the present case, the first date of hearing, as per annexed order sheet, is 06.11.2023 and thereafter, period of 60 days had expired on 06.01.2024 but the matter is still pending since last more than one and a half years. Applicant has also enclosed the order sheet and from perusal of the same it is found that only general dates are being fixed by the Court concerned in place of making endeavour for deciding the case, as per the mandate given under Section 12 (5) of the Act, 2005. After arguing at some length, learned counsel for the applicant has confined his prayer to the extent that a direction may be issued to the Court concerned to decide the case of the applicant within the time, as this Court may deem fit and proper as the applicant has been thrown out from her matrimonial home. Learned AGA has no objection to the prayer made by learned counsel for the applicant. After hearing learned counsel for the applicant, learned AGA for the State and going through the statutory provision stipulated in Section 12 (5) of Act, 2005, it is directed to the Court of Judicial Magistrate IIIrd, Lucknow to decide the application of the applicant dated 05.10.2023, which is registered as Case No. 4986 of 2023 in the period prescribed under Section 12 (5) of the Act, 2005, in accordance with law after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties, if any adjournment is sought by either of the parties, only short dates may be given. Order Date :- 6.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench