NITIN AGARWAL AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A483/781/2025 · 2025-09-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165387 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165387 (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. - 781 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 is hereby dispensed with. The present application has been filed for the following main relief:-
"To direct the Learned Additional Chief Judicial Magistrate, 7th, Lucknow to conclude the proceedings of Complaint Case No. 6255/2022 (Aarti Agarwal vs. Nitin Agarwal & Others), Pending before the Learned Additional Chief Judicial Magistrate, 7th, Lucknow, Under Section 12 of the Domestic Violence Act, P.S.- Krishna Nagar, District-Lucknow, on a day-to-day basis, till the conclusion of case." Considering the facts as stated, particularly the period of pendency of the case, pending since 2022, which was filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (in short 'Act of 2005') 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. September 17, 2025 Mohit Singh/- Versus Counsel for Applicant(s) : Akhlesh Kumar, Sudha Pal Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Nitin Agarwal And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench