Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 25260 (ALL)

SONI SONKAR v. STATE OF U.P. AND 8 OTHERS

NA529/383/2025 · 2025-04-04

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:52348 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 383 of 2025 Applicant :- Soni Sonkar Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Anoop Kumar Dubey,Surabhi Chandra Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Supplementary affidavit filed in the matter is taken on record. 2. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the Court of Chief Judicial Magistrate, Court No.7, Varanasi to decide the Case No.220477 of 2022, (Smt. Soni Sonkar Vs. Pintu Sonkar and others) under Section 12 of the Protection of Women from Domestic Violence Act, Police Station Shivpur, District Varanasi pending before it, expeditiously within a stipulated period. 3. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 4. At the very outset, it was brought to the notice of this Court by way of supplementary affidavit that the original record of the case which was sent to some Session Court, has now been received by the concerned trial court and there is no hindrance to continue the proceedings of the case in hand. 5. It is submitted by the learned counsel for the applicant that the present case has been filed under the Domestic Violence Act in the year 2022 and the applicant is the aggrieved wife / complainant and she wants speedy trial of case that is pending since since long. Therefore, it is urged that the court concerned may be directed for expeditious disposal of the aforesaid case within a time frame. 6. It was also brought to the notice of this Court that the order of interim maintenance in favour of the applicant was passed by the learned Magistrate, which was affirmed by the Appellate Court but however no effective proceedings are being taken place in this matter. 7. I have considered the submissions and perused the record. 8. The court has ample power under the law to pass suitable and effective order to ensure the compliance of its own order and to ensure the service of the process sent to the opposite party under its name. 9. In the factual matrix of the case and keeping in view the hardship suffered by the applicant / aggrieved wife and also considering the object of the Domestic Violence Act, the Court concerned is directed to make all endeavours for the appearance of the opposite party in that case and 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 in the matter by/to either of the parties. 10. 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. 11. With the above observations, the application stands disposed of. Order Date :- 5.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad