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2025 DAILYLAW 163844 (ALL)

SHWETA MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

A483/750/2025 · 2025-09-10

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 750 of 2025 Court No. - 11 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 Additional Chief Judicial Magistrate-III, Lucknow to decide the in Crl. Case No.7355/2021, "Shweta Maurya V/s Neeraj Maurya and others", under section-12 of Domestic Violence Act, 2005, P.S. Ashiyana, District-Lucknow, pending in the court of Additional Judicial Magistrate-III, Lucknow, in the fixed period as fixed by this Hon'ble Court, 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 Versus Counsel for Applicant(s) : Vivek Kumar Pandey, Anil Kumar, Beant Singh Counsel for Opposite Party(s) : G.A. Shweta Maurya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 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. September 10, 2025 ML/- A483 No. 750 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench