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2025 DAILYLAW 168165 (ALL)

GEETA TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

A483/825/2025 · 2025-09-26

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 825 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 for the following main relief:- "That for the facts, circumstances, and reasons disclosed in the accompanying affidavit, it is humbly prayed that this Hon'ble Court may graciously be pleased to issue appropriate directions in order to expedite the proceedings of Criminal Misc. Case No. 3539/ 2024, old Criminal Misc. Case No. 103114/2022 arising out of section 12 Protection of Women from Domestic Violence Act, 2005, Police Station-Gomati Nagar, titled as "Geeta Tripathi versus, Jaspreet Singh & Others" pending before the Learned Additional Chief Judicial Magistrate V, District-Lucknow i.e. Opposite party no. 2 within a short and reasonable time as may be prescribed 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, 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, most expeditiously, as according to various pronouncements of the Hon'ble Apex Court including the judgment(s) passed in the case of Maneka Gandhi Versus Counsel for Applicant(s) : Saubhagya Mishra, Abhishek Mishra, Aishwarya Pandey Counsel for Opposite Party(s) : G.A. Geeta Tripathi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s) 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 the case is implicit under Article 21 of the Constitution of India and also that Section 12 (5) of the Protection of Women from Domestic Violence Act, 2005 (in short "Act of 2005") mandates that the Magistrate must endeavour to dispose of every application filed under Section 12 (1) within a period of sixty days from the date of first hearing as indicated in Section 12 (4) of the Act, 2005. With the aforesaid, the instant application is disposed of. September 26, 2025 ML/- A483 No. 825 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench