SHASHI DEVI SAROJ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 7 OTHERS
A227/6471/2025 · 2025-11-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185757 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185757 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6471 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the petitioner and learned AGA for the State of U.P.
2. In view of order proposed to be passed, issuance of notice to the private- respondent(s) is hereby dispensed with. 3. The instant petition has been preferred seeking following main relief(s):-
"i. Issue, a order or direction to direct the Learned Additional Chief Judicial Magistrate, Kunda, Pratapgarh to decide the Criminal Misc. Case No. 545/2015, "Shashi Devi Vs. Chandra Kesh & others" U/S-12 D.V. Act Police Station-Kunda, District-Pratapgarh, which is pending before in the Court of Learned Additional Chief Judicial Magistrate, Kunda, Pratapgarh, for since long time, within stipulated time, in the interest of justice."
4. It is submitted that for the reasons beyond control of the petitioner, the case, in issue, has yet not been decided, though, the same is pending since 2015 and on account of pendency of the same, the petitioner being a lady is suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to expedite the proceedings of pending case. 5. Considering the facts and circumstances of the case indicated in the petition 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 petitioner, and also that as per Sub Section 5 of Section 12 of the Act of D.V. Act, 2005, the Magistrate concerned 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 petition is disposed of with a direction to the Court concerned to consider and decide the case in issue, as indicated in prayer clause of this petition, quoted above, most expeditiously after affording full opportunity of hearing to the party(s) concerned. 6. t is made clear that the Court has not examined the merits of the case and the Court concerned shall be free to decide the case in issue strictly in accordance with law. 7. With the aforesaid, the instant petition is disposed of. (Saurabh Lavania,J.) November 4, 2025 Arun/- Versus Counsel for Petitioner(s) : Mrs.
Rubina Zafar, Ekta Bhartiya, Suresh Sharma Counsel for Respondent(s) : G.A.
Shashi Devi Saroj .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 7 Others .....Respondent(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench