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2025 DAILYLAW 187592 (ALL)

SEEMA YADAV AND ANOTHER v. STATE OF U.P. AND 6 OTHERS

NA528/41022/2024 · 2025-01-08

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Judgment text

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Neutral Citation No. - 2025:AHC:5015 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 41022 of 2024 Applicant :- Seema Yadav And Another Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Ganesh Mani,Sugandha Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Vinod Kumar Yadav, learned counsel for the applicant and Sri Mohd. Shoib Khan, learned A.G.A. for the State. 2. The present application has been filed for directing the learned court of Judicial Magistrate, Padrauna, Kushinagar to conclude and decide the trial of Complaint Case No.644 of 2018 (Seema Yadav Vs. Ravikant Yadav and others), arising out of proceeding u/s 12, 17, 18, 19, 20, 21, 22 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Domestic Violence Act'), District-Kushingar, Police Station-Jatahan Bazar, within stipulated period. 3. Contention of learned counsel for the applicant is that complaint case of the applicant u/s 12 of the Domestic Violence Act has been pending since 2018, 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. Sections-12(4) and 12(5) of the 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 the Domestic Violence Act within a period of 60 days from the date of its first hearing. 5. Accordingly, the learned court of Judicial Magistrate, Padrauna, Kushinagar to conclude and decide the trial of Complaint Case No.644 of 2018 (Seema Yadav Vs. Ravikant Yadav and others), arising out of proceeding u/s 12, 17, 18, 19, 20, 21, 22 of the Domestic Violence Act, District- Kushingar, Police Station-Jatahan Bazar, 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 :- 9.1.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad