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Neutral Citation No. - 2025:AHC:72359 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 263 of 2025 Applicant :- Saloni Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendr Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Case No. 707 of 2023, (Solani Singh Vs. Ashwani Singh), under Section 12 Domestic Violence Act, Police Station Kotwali, District Deoria, pending before the learned Additional Chief Judicial Magistrate, Room No. 19, Deoria, expeditiously within a stipulated period.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. It is submitted by the learned counsel for the applicant that the applicant before this Court is informant-aggrieved wife. It is further submitted that despite order to pay maintenance allowance to the applicant, the opposite party no. 2 is not paying any maintenance amount to the applicant. The case is pending since the year 2023 but no effective proceeding is being taken by the trial court.
4. Learned A.G.A. opposed the prayer.
5. I have considered the submissions and perused the record.
6. In the facts and circumstances of the case, the learned trial court is directed to take effective steps to decide Case No. 707 of 2023, (Solani Singh Vs. Ashwani Singh), under Section 12 Domestic Violence Act, Police Station Kotwali, District Deoria, pending before the learned Additional Chief Judicial Magistrate, Room No. 19, Deoria as expeditiously as possible, preferably within a period of sixty days from the date of production of certified copy of this
order before it, without granting unnecessary adjournment to either of the parties, if there is no legal impediment.
7. 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 execution authorities, advocates, parties to the case, staff 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.
8. With the above observations, the application stands disposed of.
Order Date :- 6.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad