Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19220 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1309 of 2025 Petitioner :- Smt Sana Bano And Another Respondent :- Mo. Sabir Counsel for Petitioner :- Ashutosh Kumar Tiwari Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. The instant petition has been preferred with following prayers:-
"i) issue an order or direction directing the learned court below to decide the Case No. 188/2022 (Smt. Sana Bano vs. Mohd. Sabir) under Section 12 of Protection of Women from Domestic Violence Act, 2005 pending before learned Additional Chief Judicial Magistrate (Junior Division), Court No. 16, Allahabad (Prayagraj) and further direct the learned court below to decide the application filed by petitioner under Section 23(2) of Protection of Women From Domestic Violence Act, 2005 dated 18.4.2022 for granting ex parte interim order, within stipulated period as stipulated by this Court."
3. Learned counsel for the petitioner confined his prayer only to the extent if a direction be issued in favour of concerned authority for expeditiously deciding the aforesaid Case no. 188/2022.
4. Learned AGA for the State vehemently opposed the prayer sought through the instant petition but showed his agreement only if a direction be issued in favour of concerned authority for expeditiously deciding the aforesaid case.
5. Be that as it may, if there is no other legal impediment, learned Court of Additional Chief Judicial Magistrate (Junior Division), Court No. 16, Allahabad (Prayagraj)/concerned court is hereby
directed to expedite and finalize the proceedings of Case No. 188/2022 (Smt. Sana Bano vs. Mohd. Sabir) under Section 12 of Protection of Women from Domestic Violence Act, 2005, as expeditiously as possible, preferably within a period of 9 months from the date of presentation of certified copy of this order before him without granting any unnecessary adjournment to either of the parties, but after giving full opportunity of hearing to both sides.
6. It is also directed to the parties that no unnecessary adjournment shall be sought unless the same is unavoidable and both the parties
are directed to cooperate with the learned court concerned for achieving the directions as made above.
7. The instant petition is hereby disposed of accordingly.
Order Date :- 10.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad