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2025 DAILYLAW 149571 (ALL)

AMITA MISHRA v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS

A483/521/2025 · 2025-07-07

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38123 Court No. - 12 Case :- APPLICATION U/S 483 No. - 521 of 2025 Applicant :- Amita Mishra Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Applicant :- Vinod Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard Sri Vinod Mishra, learned counsel for the applicant and learned AGA. Considering the order proposed to be passed, requirement of issuance of notice to the respondent no.2 is dispensed with. Learned counsel for the applicant submits that an application under Section 12 of the Domestic Violence Act has been filed by the applicant bearing Complaint Case No.222/2020(Amita versus Alok Tripathi and others) which is pending in the court of First Additional Civil Judge(Junior Division) Raebareli. The court had proceeded exparte by means of the order dated 23.11.2022 as the private respondents were not appearing. However, subsequently they appeared and moved an application for recall of the said order,which has been allowed by means of the order dated 09.12.2024. Even thereafter repeatedly time is being granted and no effective order is being passed whereas learned Magistrate has to endeavour to dispose of every application within a period of 60 days from the date of its first hearing of complaint case . In view of above, without entering into the merit of the case, the petition is disposed of with liberty to the petitioner to move application before the concerned court for expeditious disposal pointing out the statutory provision and urgency. In case any such application is filed within a period of ten days from today, the concerned court shall consider it within a period of ten days thereafter, learned court after considering the same and the statutory provision made under the Protection of Women from Domestic Violence Act shall take appropriate decision and shall proceed accordingly and shall comply the statutory provision. Order Date :- 7.7.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench