Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39152 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 8804 of 2025 Applicant :- Smt. Babita Som Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Ashok Kumar Pandey, learned counsel for the applicant and Sri J.P. Gupta, learned AGA for the State.
2. In view of the order which is being proposed to be passed, notice is not being issued to the opposite party No. 2.
3. The sole prayer made in the present application is to direct learned Additional Chief Judicial Magistrate (II), Ghaziabad to decide Misc. Case No.1157 of 2021 (Smt. Babita Som vs. Sandeep), under Section 31 of the Protection of Women From Domestic Violence Act, 2005 in Original Complaint No.947 of 2017, (Smt. Babita Som Vs. Sandeep and others), P.S. Vijay Nagar, District Ghaziabad pending in the court of learned Additional Chief Judicial Magistrate (II), Ghaziabad.
4. Learned counsel for the applicant submits that there happens to be an order dated 26.10.2018 of the Additional Chief Judicial Magistrate, Court No.2, Ghaziabad granting relief to the applicant but the said order is being flouting so proceedings under Section 31 of the Protection of Women From Domestic Violence Act, 2005 stood initiated by the applicant which is pending.
5. Learned AGA has no objection to the same.
6. Considering the submission so made across the bar, the application stands disposed of granting liberty to the applicant to submit a self attested copy of the application and certified copy of the order before the court below shall make an endeavour to decide the same said proceedings most expedition without granting unnecessary adjournments and, in case, any adjournment is granted then the same should be in exceptional circumstances in this regard, subject to legal impediment, if any. Order Date :- 19.3.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad