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2025 DAILYLAW 28703 (ALL)

SMT. VIBHA SINGH v. STATE OF U.P. AND 2 OTHERS

NA528/8199/2025 · 2025-03-11

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36536 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 8199 of 2025 Applicant :- Smt. Vibha Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohak Agarwal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Anuj Agarwal, Advocate holding brief of Sri Mohak Agarwal, learned counsel for the applicant, Sri Uday Bhan, learned AGA for the State and perused the record. 2. The instant application has been filed to direct the Civil Judge (J.D.) Fast Track Court, District Ghazipur to decide the Criminal Misc. Case No.1386 of 2022, under Sections 12, 18, 19, 20 and 22 of Protection of Women from Domestic Violence Act, 2005, Police Station Kotwali, District Ghazipur within stipulated period as may be fixed by this Court. 3. Contention of counsel for the applicant is that the present case is pending since 2022 and till date it has not been decided. It is further submitted that as per Section 12 (5) of the Protection of Women from Domestic Violence Act, 2005, 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. Therefore, direction may be issued to decide the case of the applicant within specific period of time. 4. Considering the aforesaid submissions and mandate of Section 12(4) and 12(5) of Protection of Women From Domestic Violence Act, 2005, the Civil Judge (J.D.) Fast Track Court, District Ghazipur is directed to conclude the proceeding of the aforesaid case expeditiously preferably within a period of next 60 days from the date of receipt of this order, in accordance with law, if there is no legal impediment. 5. With the aforesaid direction, the application is disposed of. Order Date :- 12.3.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad