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2025 DAILYLAW 158023 (ALL)

AMRITA GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

A483/640/2025 · 2025-08-18

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48043 Court No. - 11 Case :- APPLICATION U/S 483 No. - 640 of 2025 Applicant :- Amrita Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Applicant :- Praveen Tripathi,Sudha Pal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. In view of order proposed to be passed, issuance of notice to the private- respondent(s) is hereby dispensed with. The present petition has been filed for the following main relief:- "Wherefore it is most respectfully prayed that this Hon'ble court be pleased to direct the court of Judicial Magistrate III Lucknow to decide the Misc. Criminal Case No. 4299/2023 under section 12 Protection of Women From Domestic Violence Act, 2005, Thana Madiyaon District Lucknow Smt. Amrita Gupta versus Saurabh Seth which is pending for final disposal for last two year within the time indicated by this Hon'ble Court. Any other order or direction which this Hon'ble Court may deem fit, just and proper under the circumstances of the case in favour of the Petitioner." Considering the facts as stated, particularly the period of pendency of the case, pending since 2023, 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 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 :- 18.8.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench