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2025 DAILYLAW 17437 (ALL)

ANSHIKA v. STATE OF U.P. AND 4 OTHERS

NA528/4750/2025 · 2025-03-04

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31657 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 4750 of 2025 Applicant :- Anshika Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Abhishek Kumar Srivastava,Alekh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Abhishek Kumar Srivastava, learned counsel for the applicant and Sri Raj Bahadur Verma, learned A.G.A. for the State. 2. The present application has been filed for directing the learned Civil Judge (J.D.)/F.T.C. (Crimes Against Women), Fatehpur to decide the Case No.1687 of 2021 (Anshika Vs. Vinay Kumar), u/s 12 of Domestic Violence Act, P.S. Kotwali, District- Fatehpur, within stipulated period. 3. Contention of learned counsel for the applicants is that complaint case of the applicant u/s 12 Domestic Violence Act has been pending since 2020, but till date it has not been decided. As per Section 12(5) of the Domestic Violence Act, it is provided that the Magistrate shall endeavour to dispose of every application made under this Section within a period of 60 days from the date of its first hearing. Section 12(4) and 12(5) of Domestic Violence Act are being quoted below:- "12(4). The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. 12(5). 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." 4. In view of the above, there is a statutory mandate to decide the complaint u/s 12 of Domestic Violence Act within a period of 60 days from the date of its first hearing. 5. Accordingly, learned Civil Judge (J.D.)/F.T.C. (Crimes Against Women), Fatehpur is directed to conclude the Case No.1687 of 2021 (Anshika Vs. Vinay Kumar), u/s 12 of Domestic Violence Act, P.S. Kotwali, District- Fatehpur, expeditiously preferably within a period of 90 days from the date of receipt of copy of this order. 6. With the aforesaid direction, the application is disposed of. Order Date :- 5.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad