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Neutral Citation No. - 2025:AHC:31670 Court No. - 82 Case :- APPLICATION U/S 529 BNSS No. - 398 of 2025 Applicant :- Smt. Rinki Opposite Party :- State Of U.P. And 4 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 Complaint Case No. 2382 of 2022, under Sections 12, 23 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 2022. It is also submitted that the opposite party nos.2 to 5 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. 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. It reveals from the perusal of the record that the case is pending since 2022. It further reveals that this Court vide order dated 12.4.2023 passed in application U/S 482 No. 12706 of 2023 moved by the present applicant had issued a direction to the Court concerned for expeditious disposal of the aforesaid case but even after the aforesaid order passed by this Court the trial court is only fixing dates in this matter which is a matter under the Domestic Violence Act and is pending since the year 2022.
7. In the circumstances, the Court concerned is directed to decide
the aforesaid case within two months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted.
8. With the above observations, the application stands disposed of. Order Date :- 5.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad