REHANA FATIMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LKO. AND 3 OTHERS
A483/569/2025 · 2025-07-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153406 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153406 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43456 Court No. - 13 Case :- APPLICATION U/S 483 No. - 569 of 2025 Applicant :- Rehana Fatima Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Lko. And 3 Others Counsel for Applicant :- Pal Singh Yadav,Ashish Kumar Singh,Prathama Singh Counsel for Opposite Party :- G.A.,Ruby Choudhary Hon'ble Saurabh Lavania,J. Vakalatnama filed on behalf of opposite party No.2 by Shri Shailendra Mishra, Shri Ravindra Jaiswal and Ms Nidhi Saini, Advocates is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the private opposite party and perused the record. This application under Section 483 Cr.P.C. has been filed seeking following main relief (s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned Civil Judge (J.D.) /F.T.C., Court No.50, Lucknow to decide the execution case no. 7496 of 2024 under section 6(5) of Domestic Violence Rule, 2006, police Station Gazipur, District Lucknow annexed as Annexure No. 3 to this petition expeditiously within stipulate time period as directed by this Hon'ble Court, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to the learned court of Civil Judge (J.D.) /F.T.C. Court No.50, Lucknow to consider and decide the application of attachment of salary filed by the applicant dated 11.03.2025 expeditiously as contained in Annexure No.4 to this petition." At the very outset, learned counsel for the opposite parties has stated that this is the second petition for the same cause. The applicant/petitioner earlier approached this Court by filing application under Section 483 NO.359 of 2025, which was
disposed of vide order dated 25.04.2025 and as such this application is not liable to be entertained. The order dated 25.04.2025 reads as under :-
"1. Heard learned counsel for the applicant as well as Sri Sharad Dwivedi, Advocate who has put his appearance on behalf of respondent No. 3 learned A.G.A. on behalf of the State.
2. Present appeal under Section 483 Cr.P.C. has been filed with a prayer to direct Special Chief Judaical Magistrate (Custom0, Court No. 01, Lucknow to decide the Case No. 7496 of 2024 Under Section 6(5) of Domestic Violence Act, 2006, Police Station Gazipur, District Lucknow.
3. It has been submitted that the proceedings under the Domestic Violence Act were initiated in the Court of Additional Chief Judicial Magistrate, 7th Lucknow and the same was allowed by means of order dated 20.11.2024 directing the private respondents to pay an amount of Rs. 5 lakhs as compensation under Section 22 of D.V. Act as the said amount was not paid , proceedings for execution have been initiated in the Court of Special C.J.M, Custom, Lucknow where the matter is being listed regularly but no effective hearing or orders are passed.
4. It is noticed that the instant matter relates to 2024 and the trial courts are heavily burdened with the dockets due to which large number of cases are pending before them. In the present case, no extraordinary circumstance has been indicated by the petitioner so as to interfere and pass orders for expeditious disposal of the suit which has been filed only in 2024. Accordingly, no case for interference is made out at this stage.
5. However, looking to the aforesaid circumstances, liberty is granted to the applicant to move appropriate application before the trial court within next two weeks for expediting the proceedings. In case, such an application is made, the trail court shall consider and decide the same within two weeks thereafter by a reasoned and speaking order. In case, the trial court finds that a case for urgency has been made out, it shall proceed to consider and decide the case of the applicant as well as her application for interim relief, expeditiously.
6. With aforesaid direction the petition stands disposed of." Taking note of the aforesaid, this court finds that the present petition is not liable to be entertained. It is accordingly dismissed.
Order Date :- 28.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench