Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 158069 (ALL)

POOJA SHUKLA @ JYOTI KIRAN v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND 5 OTHERS

A483/636/2025 · 2025-08-18

Saurabh Lavania

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:48033 Court No. - 11 Case :- APPLICATION U/S 483 No. - 636 of 2025 Applicant :- Pooja Shukla @ Jyoti Kiran Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 5 Others Counsel for Applicant :- Dheerendra Singh 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:- Under the facts, reasons and circumstances stated in the present application and the affidavit filed in support thereof, 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./C.A.W., Unnao to decide the Complaint No. 2488/2022, (Pooja Shukla @ Jyoti Kiran Vs. Uttam Shukla & others) filed U/S 12 D. V. Act, Police Station-Kotwali Sadar, District- Unnao which is pending since 22.08.2016 before learned Civil Judge (J.D.)/F.T.C./C.A.W., Unnao without any fruitful reason or rhyme as early as possible/within the stipulated period of time fixed by this Hon'ble Court in the interest of justice." Considering the facts as stated, particularly the period of pendency of the case, pending since 22.08.2016, 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