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2025 DAILYLAW 23448 (ALL)

SMT MADHVI v. STATE OF U.P. AND 5 OTHERS

NA529/355/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83489 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 355 of 2025 Applicant :- Smt Madhvi Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Ashish Kumar Gupta 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 Criminal Case No. 122867 of 2024, under Sections 12 Protection of Women from Domestic Violence Act, Police Station Raya, District Mathura pending in the Court of Additional Civil Judge (JD)/ Judicial Magistrate, Court No.7, Mathura expeditiously within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant is the wife of opposite party no.2 and present case is pending since 2024. It is further submitted that the case is pending for about one year but still running at the stage of appearance of opposite party nos. 2 to 6. It is also submitted that the opposite party nos.2 to 6 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. Applicant is a lady and and she has no means for her livelihood. She is not in a position to attend the Court for the pairvi of the case on each and every date. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. Applicant is the wife of opposite party no.2 and she has a right for expeditious disposal of the case under the Domestic Violence Act, which is the object and mandate of the Act itself. 7. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2024. The accused persons have not appeared before the Court so far. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 8. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 6 by sending appropriate process to them within one month from the date of production of certified copy of this order before it, and thereafter all endeavours shall be made by it for expeditious disposal of the case within the stipulated period of time provided in the Act. It is further directed that no unnecessary adjournment will be sought/granted. 9. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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. 10. With the above observations, the application stands disposed of. Order Date :- 19.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad