Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:28745
Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 6504 of 2025 Applicant :- Sindhu Kumari Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Amzad Rza,Raman Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Amzad Rza, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State. 2. The present application has been filed for directing the court below to conclude and decide the trial of Complaint Case No. 20764 of 2023 (Sindhu Kumari Vs. Uma Shankar), arising out of proceeding u/s 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Domestic Violence Act'), Police Station- Shahpur, District- Gorakhpur pending in the court of Additional Civil Judge (S.D.), Court No.1, Gorakhpur, within stipulated period. 3. Contention of learned counsel for the applicant is that complaint case of the applicant u/s 12 of the Domestic Violence Act has been pending since 2023, but till date it has not been decided. As per Section 12(5) of the Domestic Violence Act, it is provided that the Magistrate shall endeavour to dispose of every application made under this Section within a period of 60 days from the date of its first hearing. Sections-12(4) and 12(5) of the Domestic Violence Act are being quoted below:-
"12(4). The Magistrate shall fix the first date of hearing,
which shall not ordinarily be beyond three days from the date of receipt of the application by the court. 12(5). 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."
4. In view of the above, there is a statutory mandate to decide the complaint u/s 12 of the Domestic Violence Act within a period of 60 days from the date of its first hearing. 5. Accordingly, this court directs the court below to conclude and decide the trial of Complaint Case No. 20764 of 2023 (Sindhu Kumari Vs.
Uma Shankar), arising out of proceeding u/s 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Domestic Violence Act'), Police Station- Shahpur, District- Gorakhpur pending in the court of Additional Civil Judge (S.D.), Court No.1, Gorakhpur, expeditiously, preferably within a period of 90 days from the date of receipt of copy of this order. 6. With the aforesaid direction, the application is disposed of. Order Date :- 27.2.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad