RITA DEVI AND 3 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 3 OTHERS
A483/1094/2025 · 2025-12-19
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198096 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198096 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 1094 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present application has been filed for getting a direction issued to Additional Chief Judicial Magistrate, Kunda, Pratapgarh, to decide the proceedings of Criminal Case No. 262 of 2023 (Rita Devi Vs. Sanjay Kumar & Ors.) , filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short "Act of 2005"), within a time-bound manner.
3. Learned counsel for the applicants has submitted that the proceedings under Section 12 of the Act of 2005, is pending since 2023, whereas Section 12(5) of the said Act, provides that a case under the Domestic Violence Act, shall be decided within a period of sixty days.
4. In view of the aforesaid fact, the Additional Chief Judicial Magistrate, Kunda, Pratapgarh is directed to adhere to the provisions of Section 12(5) of the Act of 2005 and accordingly take a decision in the matter, expeditiously, in accordance with law, after affording opportunity of hearing to both the parties and without granting any unnecessary adjournments.
5. The application stands disposed of. December 19, 2025/Mohit Singh/- Versus Counsel for Applicant(s) : Pankaj Kumar Shukla Counsel for Opposite Party(s) : G.A. (Brij Raj Singh,J.) Rita Devi And 3 Others .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench