FARAH NOORI ALIAS FARAH BI v. STATE OF U.P. AND 8 OTHERS
A482/7053/2025 · 2025-03-04
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14359 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14359 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:31054
Court No. - 77 Case :- APPLICATION U/S 482 No. - 7053 of 2025 Applicant :- Farah Noori Alias Farah Bi Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rajveer Chaurasia, Advocate, holding brief of Sri Bhaskar Bhadra, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the State.
2. The present application has been filed for directing the learned Additional Civil Judge (J.D.) Second/Judicial Magistrate, Bareilly to conclude and decide the trial of Complaint Case No.38 of 2024, arising out of proceeding u/s 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Domestic Violence Act'), Police Station-Sheeshgarh, District-Bareilly, within stipulated period.
3. Contention of learned counsel for the applicant is that complaint case of the applicant u/s 12 of the Domestic Violence Act has been pending since 2019, but till date it has not been decided. As per Section 12(5) of the Domestic Violence Act, it is provided that the Magistrate shall endeavour to dispose of every application made under this Section within a period of 60 days from the date of its first hearing. Sections-12(4) and 12(5) of the Domestic Violence Act are being quoted below:-
"12(4). The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. 12(5). The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing."
4. In view of the above, there is a statutory mandate to decide the complaint u/s 12 of the Domestic Violence Act within a period of 60 days from the date of its first hearing.
5. Accordingly, this court directs the learned Additional Civil Judge (J.D.) Second/Judicial Magistrate, Bareilly to conclude and decide the trial of Complaint Case No.38 of 2024, arising out of proceeding u/s 12 of the Domestic Violence Act, expeditiously, preferably within a period of 90 days from the date of receipt of copy of this order.
6. With the aforesaid direction, the application is disposed of. Order Date :- 5.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad