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2025 DAILYLAW 194476 (ALL)

DIKSHA SHARMA v. STATE OF U.P. AND 3 OTHERS

NA529/3791/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3791 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Learned counsel for the applicant has submitted that the applicant is complainant in Complaint Case No. 36128 of 2024 (Diksha Sharma Vs. Chetan Sharma and others), under section 12 of Domestic Violence (Care of Protection Act), 2005, P.S.- Shahpur, District-Gorakhpur which is pending in the Court of Civil Judge (Senior Division)/ACJM-I, Gorakhpur. It was submitted that when this case was filed by complainant, none appeared on behalf of respondent and proceedings against them were held ex-parte. Subsequently, respondent appeared and filed an application to recall the order vide which the proceedings against him were held ex-party. The said order was recalled by learned Court. But again respondent absented himself. Learned Trial Court has granted last opportunity to file objections. The entire proceedings is held up due to lingering tactics of respondent due to which the applicant is suffering from financial hardship. Learned counsel, therefore, prays that a direction be issued to the learned Magistrate to decide the said case as expeditiously as as possible. 3. Considering the submissions made by learned counsel for the applicant, the court below concerned is directed to decide the aforesaid case as expeditiously and preferably within a period of six months from the date of production of a certified copy of this order, provided there is no legal impediment. 4. The application under Section 529 B.N.S.S. is disposed of accordingly. October 14, 2025/Mukesh Versus Counsel for Applicant(s) : Arvind Prabodh Dubey Counsel for Opposite Party(s) : G.A. (Anil Kumar-X,J.) Diksha Sharma .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad