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2025 DAILYLAW 148618 (ALL)

SMT. RUKHSAR SIDDIQUI v. THE STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND 7 OTHERS

A483/510/2025 · 2025-07-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38498 Court No. - 15 Case :- APPLICATION U/S 483 No. - 510 of 2025 Applicant :- Smt. Rukhsar Siddiqui Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 7 Others Counsel for Applicant :- Mohd. Imran Khan,Shikoh Mohammad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Imran Khan, the learned counsel for the applicant, Sri Satyendra Srivastava, the learned A.G.A. appearing on behalf of the State and perused the records. 2. Keeping in view the nature of the relief sought and the order proposed to be passed issuance of notice to the opposite parties no.2 to 8 is dispensed with. 3. By means of the instant application filed under Section 482 Cr.P.C./Section 529 BNSS the applicant has prayed for a direction to the learned Judicial Magistrate-II, Gonda for expeditious disposal of Case No.268 of 2023: Rukhsar Siddiqui Vs. Noman and others, filed under Section 12 of Protection of Women from Domestic Violence Act, 2005. 4. The aforesaid case under Section 12 of Protection of Women from Domestic Violence Act, 2005 was filed by the applicant on 14.08.2023. The opposite party no.2 has filed objection against the application on 04.12.2024. The copy of the order sheet annexed with the supplementary affidavit indicates that although on some of the dates the case was adjourned due to strike and absence or non-availability of the Presiding Officer of the Court. The case has been adjourned without assigning any reason on some of the dates fixed. 5. Section 12 (5)of of Protection of Women from Domestic Violence Act, 2005 provides that 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. 6. Keeping in view the aforesaid facts and the statutory provision the present application is disposed of with a direction to the learned Judicial Magistrate-II, Gonda to proceed with the trial of Case No.268 of 2023: Rukhsar Siddiqui Vs. Noman and others, filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 and decide it without granting any unnecessary adjournments to any of the parties and shall make every endeavour to conclude the same keeping in view the statutory mandate contained in Section 12 (5) of Protection of Women from Domestic Violence Act, 2005. . [Subhash Vidyarthi, J.] Order Date :- 8.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench