SHEEBA SIDDIQUI v. STATE OF U.P. THRU. ITS SECY. HOME LKO. AND ANOTHER
A483/403/2025 · 2025-05-14
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139666 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139666 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28323 Court No. - 14 Case :- APPLICATION U/S 483 No. - 403 of 2025 Applicant :- Sheeba Siddiqui Opposite Party :- State Of U.P. Thru. Its Secy. Home Lko. And Another Counsel for Applicant :- Satyendra Nath Mishra 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:-
"I. Issue a suitable order or direction to direct the Learned F.T.C Domestic Violence Sultanpur to decide the Criminal Misc. Case No 101/2023, “Sheeba Vs. Nisar ", under section 31 of Domestic Violence Act expeditiously within such period as may be stipulated by this Hon'ble Court in the interest of justice"
Learned counsel for the applicant has submitted that the applicant has preferred an application dated 01.3.2023 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 18.3.2023 and thereafter, period of 60 days had expired but the matter is still pending since last more than two 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 in the period prescribed under Section 12(5) of the Act, 2005. 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 concerned to decide the application of the applicant dated 1.30.2023, which is registered as Case No. 101/2023, “Sheeba Vs. Nisar " 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 as the 60 days period has already been expired on 28.5.2023 i.e. two years ago.
Order Date :- 14.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench