SHIV KUMARI v. STATE OF U.P. THRU. ITS SECY. HOME LKO. AND 7 OTHERS
A483/726/2025 · 2025-09-03
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162383 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162383 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 726 of 2025 Court No. - 11 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:-
"I. Issue a suitable Writ, order or direction commanding the Learned Judicial Magistrate III, Ayodhya to decide the application under section under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which was registered as Complaint Case No. 02/2021 "Shiv kumari versus Amarnath"P.S.-Gosaiganj, District- Ayodhya, pending before the Learned Judicial Magistrate III, Ayodhya, expeditiously in the interest of justice." Considering the facts as stated, particularly the period of pendency of the case, pending since 2021, 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 Versus Counsel for Applicant(s) : Ajay Veer Singh, Anjali Singh Counsel for Opposite Party(s) : G.A. Shiv Kumari .....Applicant(s) State Of U.P. Thru. Its Secy. Home Lko. And 7 Others .....Opposite Party(s)
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. September 3, 2025 Jyoti/- A483 No. 726 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench