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2025 DAILYLAW 155748 (ALL)

Vishal Jain v. State of U.P. THRU ADDL. CHIEF SEC. HOME AND 4 OTHERS

/592/2025 · 2025-08-05

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45528 Court No. - 14 Case :- APPLICATION U/S 483 No. - 592 of 2025 Applicant :- Vishal Jain Opposite Party :- State Of U.P. Thru Addl. Chief Sec. Home And 4 Others Counsel for Applicant :- Satish Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. The instant application has been filed for a direction to the subordinate court ie. ACJM. CBI, (Ayodhya Prakaran), Lucknow to heard and decide the petitioner/applicant applications i.e. preliminary objection dated 12.02.2024 and application Under Section 25 of Protection of Women from Domestic Violence Act, 2005 filed on 13.12.2024 pending since 2024 pending before learned Court below in pursuant of the present Applicant and stay the recovery warrant dated 02.06.2025 passed by Learned Subordinate Court till finalization of preliminary objection as well as Application U/s- 25 D.V. Act filed by Applicant, in the interest of justice. 3. Learned counsel for the applicant quoting the aforesaid prayer submits that the application Under Section 25 of Protection of Women from Domestic Violence Act, 2005 is still pending consideration since 2024 and the applicants are suffering due to delay in conclusion of the proceedings. He submits that the interest of justice would be subserved if this Hon'ble Court is pleased enough to direct the Court below to conclude the application under Section 25 Protection of Women from Domestic Violence Act, 2005 within a stipulated period of time as may be fixed by this Court. 4. The counsel appearing for the State has no objection to the contention aforesaid. 5. Considering the submissions of the learned counsel for the parties, the Trial Court is hereby directed to conclude the proceeding of application under Section 25 of the Protection of Women from Domestic Violence Act, 2005, expeditiously as early as possible, if there is no legal impediment, while considering the guidelines and circulars issued in this regard. 6. The application is disposed off accordingly. Order Date :- 5.8.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench