ANJU DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT.LKO. AND 6 OTHERS
/799/2025 · 2025-09-23
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166356 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166356 (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. - 799 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record.
2. 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 graciously be pleased to direct the Additional Chief Judicial Magistrate, Kunda, District-Pratapgarh to decide/dispose of the Complaint Case No. 179 of 2021 "Anju Versus Dileep Kumar and others" Police Station- Kunda, District-Pratapgarh pending in the Court of Additional Chief Judicial Magistrate, Kunda, District-Pratapgarh within a period as fixed by this Hon'ble Court, in the interest of justice."
3. 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 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 Versus Counsel for Applicant(s) : Arvind Kumar Tiwari, Ambuj Bajpai Counsel for Opposite Party(s) : G.A. Anju Devi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt.Lko. And 6 Others .....Opposite Party(s)
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.
4. With the aforesaid, the instant application is disposed of. September 23, 2025 Arun/- A483 No. 799 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench