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2025 DAILYLAW 150410 (ALL)

PREETI DEVI @ PRITI MISHRA v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

A483/530/2025 · 2025-07-09

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38834 Court No. - 12 Case :- APPLICATION U/S 483 No. - 530 of 2025 Applicant :- Preeti Devi @ Priti Mishra Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Ruchi Singh Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard, Ms.Ruchi Singh, learned counsel for the applicant and learned A.G.A. Notice on behalf of opposite party no.1 has been accepted by learned A.G.A. Considering the nature of order proposed to be passed, requirement of issuance of notice to respondents no. 2 to 5 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.59 of 2021; Preeti Devi and another Versus Umesh Tiwari and others, which is pending since 14.12.2021 in the court of Judicial Magistrate, Kunda, Pratapgarh. The private respondents have put in appearance in the complaint case on 10.05.2022 and filed objection against the complaint case. After filing of the complaint case several dates have been fixed, but till date the case has not been decided, whereas learned Magistrate has to endeavour to dispose of every application within a period of 60 days from the date of first hearing of complaint under Section 12(5) of the Act. In view of above, without entering into the merit of the case, the application is disposed of with liberty to the applicant to move an application before the concerned court for expeditious disposal of the complaint case 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. . ..........................................(Rajnish Kumar,J.) Order Date :- 9.7.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench