TANAYA TIWARI v. THE COURT OF LEARNED JUDICIAL MAGISTRATE III LKO. AND ANOTHER
/794/2025 · 2025-09-23
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166627 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166627 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 794 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:-
"Wherefore, it is most respect fully prayed that this Hon'ble Court may kindly be pleased to pass the order in nature of direction to the Opposite Party No. 1 i.e. Judicial Magistrate- III, Lucknow to expeditiously decide the Criminal Case No. 77 of 2025 Old Case No. 4248 of 2022; (Tanaya Tiwari Vs. Chetan Lakhanpal & another) Under Section 12 of Protection of Women from Domestic Violence Act, 2005 filed on 19.10.2022, Police Station Gomti Nagar, District Lucknow which is still pending since 19.10.2022, within a stipulated period of time as this Hon'ble Court may deem fit, just and proper, 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) : Abhijat Pratap Singh, Ashutosh Rawat Counsel for Opposite Party(s) : G.A. Tanaya Tiwari .....Applicant(s) The Court Of Learned Judicial Magistrate Iii Lko. And Another .....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. 794 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench