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2025 DAILYLAW 32696 (ALL)

SMT DIKSHA @ SUBI v. AMIT KUMAR AND 3 OTHERS

A227/3410/2025 · 2025-04-08

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51599 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 3410 of 2025 Petitioner :- Smt Diksha @ Subi Respondent :- Amit Kumar And 3 Others Counsel for Petitioner :- Devendra Tiwari Deva Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner, learned AGA for the State-respondents and perused the record. 2. The instant writ petition has been filed seeking direction to the Trial Court/Civil Judge (JD)/Fast Track Court, Rampur to decide the Misc. Case No. 454 of 2023 (Smt. Diksha Vs. Amit Kumar and others) under Section 12 of the Protection of Woman From Domestic Violence Act, 2005, Police Station Milak, District Rampur, expeditiously, within stipulated period. 3. Learned counsel for the petitioner submits that the petitioner has filed the aforesaid case in the year 2023 and since then the same is pending undecided before the trial Court. 4. On the other hand, learned AGA submits that the petitioner has not complied with the terms of the order of the Apex Court as has been held in the case of Rajnesh Vs. Neha and another, 2021(2) SCC 324, hence the instant writ petition deserves to be dismissed. 5. In view of the aforesaid deliberations, the instant writ petition is dismissed. However, the petitioner is at liberty to raise her all contentions before the Trial Court and may also file fresh petition in accordance with Rajnesh (Supra). Order Date :- 9.4.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad