SAURABH TIWARI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA529/313/2025 · 2025-03-03
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21521 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21521 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30619 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 313 of 2025 Applicant :- Saurabh Tiwari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Case No.22 of 2023, under Section 12 Protection of Women from Domestic Violence Act, Police Station Kotwali Orai, District Jalaun pending in the Court of Civil Jude (JD)/FTC (Crime Against Women) expeditiously within stipulated period. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicants that the opposite party no. 2 is the wife of applicant no.1 and the said proceeding is pending since 2023. The applicants / opposite parties have already appeared before the Court but the opposite party no.2/ wife is not cooperating with the Court and the said case is unnecessarily lingering on. The applicants want expeditious disposal of the same and they are ready to make full cooperation to the Court concerned. 4. Learned AGA opposed the prayer. 5. It is very surprising that a case under the Domestic Violence Act, which is a special enactment for the protection of the rights of women from domestic violence and has a specific object and scope, was filed in the year 2023 but the trial court is not taking any interest to decide the same. It is further very surprising that on each and every date only date is being fixed. The trial court at first make all endeavors to procure the presence of opposite party no.2/ wife before it and if she does not appear, adverse orders may be passed against her in accordance with law and thereafter decide the case within two months from the date of production of certified copy of this order before, if there is no legal impediment. 6. 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 executive authorities, counsels, parties to the case, staff etc.
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. 7. With the above observations, the application stands disposed of. Order Date :- 4.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad