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2025 DAILYLAW 38950 (ALL)

PRITI YADAV v. STATE OF U.P. AND 10 OTHERS

NA529/769/2025 · 2025-04-17

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57568 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 769 of 2025 Applicant :- Priti Yadav Opposite Party :- State Of U.P. And 10 Others Counsel for Applicant :- Arun Kumar,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Application No. 1644 of 2022, under Sections 12 Protection of Women from Domestic Violence Act, Police Station Kasya, District Kushinagar pending in the Court of Additional Chief Judicial Magistrate, Kushinagar at Padrauna 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 is the wife of opposite party no.2 and present case is pending since 2022. It is also submitted that the opposite party nos.2 to 11 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. They have not filed their objection to the said application so far. Applicant is a lady and and she has no means for her livelihood. She is not in a position to attend the Court for the pairvi of the case on each and every date. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. It reveals from the perusal of the order sheets that the aforesaid case is pending since the year 2022 and the trial court appears to be little liberal towards the opposite parties nos. 2 to 11. They have not filed objection so far and no strict action was taken by the trial court. The opposite party nos.2 to 11 are not cooperating with the progress of the case. 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. In the circumstances, the Court concerned is 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. 7. 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. 8. With the above observations, the application stands disposed of. Order Date :- 18.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad