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2025 DAILYLAW 36877 (ALL)

SMT KRISHNALATA YADAV v. STATE OF U.P. AND 5 OTHERS

NA529/791/2025 · 2025-04-10

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53854 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 791 of 2025 Applicant :- Smt Krishnalata Yadav Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Sanjay Kumar 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 Misc. Case/ Execution Case No. 3397 of 2023 arising out of complaint case no. 1456 of 2015, under Sections 12 and 23 of Protection of Women from Domestic Violence Act, Police Station Iradatganj, District Agra pending in the Court of Additional Chief Judicial Magistrate/ Civil Judge (JD) Court No. 1, Agra 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 before this Court is the aggrieved wife. It is further submitted that the trial Court has passed an order for payment of interim maintenance against opposite party no.2. It is further submitted that a recovery warrant has also been issued against the opposite party no.2 but the same has been proved as a futile exercise. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. Applicant is the wife of opposite party no.2 and she has a right for expeditious disposal of the case under the Domestic Violence Act, which is the object and mandate of the Act itself. 7. In the circumstances, the Court concerned is directed to ensure the compliance of its own order passed on 28.11.2015 and also 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. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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. 9. With the above observations, the application stands disposed of. Order Date :- 11.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad