DILIP SINGH SACHAN v. STATE OF U.P THRU. PRIN. SECY. HOME, LKO. AND ANOTHER
A227/7141/2025 · 2025-12-11
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195131 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195131 (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. - 7141 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record. The instant application has been preferred by the applicant for the following main relief:-
"(i) to issue an order or direction commanding the Additional Chief Judicial Magistrate-7, Lucknow to consider and decide Case no. 4888 of 2020 P.S.-Krishnanagar, District-Lucknow under section 12 of Protection of Women from Domestic Violence Act, 2005 (Riti Sachan Versus Dilip Singh Sachan & ors.) within such time as may be fixed by this Hon'ble Court without granting unnecessary adjournments to the respondent no. 2." Considering the facts and circumstances of the case indicated in the application 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 applicant and also that as per Sub Section 5 of Section 12 of the Act of 2005, 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, the present application is
disposed of with a direction to the court concerned to make all endeavour for concluding the proceedings of the case in issue, expeditiously as according Versus Counsel for Petitioner(s) : Paritosh Sharan Agrawal, Sartaj Ali Ansari Counsel for Respondent(s) : G.A. Dilip Singh Sachan .....Petitioner(s) State Of U.P Thru. Prin. Secy. Home, Lko. And Another .....Respondent(s)
to various pronouncements of the Hon'ble Apex Court including the
judgment(s) passed in the case of Maneka Gandhi Versus Union of India and Another (1978) 1 SCC 248, Hussainara Khatoon Versus Home Secretary, State of Bihar (1980) 1 SCC 81, Kadra Pahadiya and Others Versus State of Bihar (1981) 3 SCC 671, the right to speedy trial/disposal of case is implicit under Article 21 of the Constitution of India. With the aforesaid, the instant application is disposed of. December 11, 2025 Anurag A227 No. 7141 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench