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2025 DAILYLAW 17813 (ALL)

SHYAM NARAYAN PRASHAD AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA529/237/2025 · 2025-02-23

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26667 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 237 of 2025 Applicant :- Shyam Narayan Prashad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Iqubal Hussain,Khalid Mahmood Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Case No.2301 of 2021, (Smt. Meenakshi Vs. Shyam Narayan Prasad) under Section 12 of the Protection of Women from Domestic Violence Act, Police Station Sector 49, Noida, District Gautam Budh Nagar pending in the Court of learned Civil Judge (J.D.) / F.T.C., Gautam Budh Nagar, expeditiously within a stipulated period. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicants that the present case has been filed under the Domestic Violence Act in the year 2021 and the applicants before this Court is the husband and in-laws of the opposite party no.2 / wife. The case is pending since long. The opposite party no.2, the wife is not appearing before the court nor is adducing any evidence before the court and that is causing delay in disposal of this case. The trial court is also not taking proper interest in the disposal of this quite old matter. Therefore, it is urged that the court concerned may be directed for expeditious disposal of the aforesaid case. 4. I have considered the submissions and perused the record. 5. In the factual matrix of the case and also considering the object of the Domestic Violence Act, the Court concerned is directed to make all endeavours to decide the aforesaid case within a period of two months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties. 6. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 7. With the above observations, the application stands disposed of. Order Date :- 24.2.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad