ANCHAL AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND 10 OTHERS
NA529/39/2025 · 2025-08-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156525 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156525 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48666 Court No. - 11 Case :- APPLICATION U/S 529 BNSS No. - 39 of 2025 Applicant :- Anchal And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And 10 Others Counsel for Applicant :- Vinod Kumar Tiwari,Devesh Mishra,Kaushal Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record. The instant application has been preferred by the applicant for the following main relief:-
"For the facts reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Learned Civil Judge (J.D.) F.T.C./ Domestic Violence Act Sultanpur to expedite the interim relief application Under Section 23 Protection of Women from Domestic Violence Act dated 19.11.2024 pending in Criminal Case No. 415/.2024, under section 12 Protection of Women from Domestic Violence Act, Anchal Vs. Ankish Kumar & Ors; Police Station- Kurwar, District Sultanpur, pending since 19.11.2024 with in stipulated period, in the interest of justice." Considering the facts and circumstances of the case indicated in the application including the period of pendency of the case in issue, which was filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (in short 'Act of 2005'), by the applicant and also that as per Sub Section 5 of Section 12 of the Act of 2005, the Magistrate shall make endeavour to dispose of every application made under sub- section (1) within a period of sixty days from the date of its first hearing, the present application is disposed of with a direction to the court concerned to make all endeavour for concluding the proceedings of the case in issue, expeditiously as according to various pronouncements of the Hon'ble Apex Court including the judgment(s) passed in the case of Maneka Gandhi Versus Union of India and Another (1978) 1 SCC 248, Hussainara Khatoon Versus Home Secretary, State of Bihar (1980) 1 SCC 81, Kadra Pahadiya and Others Versus State of Bihar (1981) 3 SCC 671, the right to speedy trial/disposal of case is implicit under Article 21 of the Constitution of India. With the aforesaid, the instant application is disposed of. Order Date :- 20.8.2025/ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench