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Neutral Citation No. - 2025:AHC:40102 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 241 of 2025 Applicant :- Sanjay Kulshrestha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Tripathi,Ramanuj Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Supplementary affidavit filed today is taken on record.
2. This application under Section 529 B.N.S.S. has been filed with a prayer to direct the Court of Judicial Magistrate, Court No.1, Aligarh to decide the Case No.1352 of 2018 (Smt. Richa Vs. Sanjay Kulshrestha and others) under Section 12 of the Protection of Women from Domestic Violence Act, Police Station Quarsi, District Aligarh pending before it, expeditiously within a stipulated period.
3. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
4. It is submitted by the learned counsel for the applicant that the applicant is the husband of opposite party no.2 in the case relating to the Domestic Violence Act preferred by the wife / opposite party no.2. It is also submitted that earlier matter under Article 227 No.- 1687 of 2022 was preferred by the applicant which was in connection with the amount of maintenance of Rs.10,000/- which was to be paid by the applicant himself and this Court vide order dated 5.4.2022 stayed the realization of the aforesaid maintenance amount of Rs.10,000/-. It is also submitted that the matter is very old and the proceedings of the said matter under the Domestic Violence Act have not been stayed by this Court. The matter is pending at the stage of evidence and it pertains to the year 2018, therefore, it is urged that the court concerned may be directed for expeditious disposal of the aforesaid case.
5. I have considered the submissions and perused the record.
6. The present case is pending at the stage of evidence and it pertains to year 2018.
7. 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 possible 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.
8. 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.
9. With the above observations, the application stands disposed of.
Order Date :- 18.3.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad