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2025 DAILYLAW 41765 (ALL)

KAYNAT FATMA v. STATE OF U.P. AND 5 OTHERS

NA529/926/2025 · 2025-04-27

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65125 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 926 of 2025 Applicant :- Kaynat Fatma Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Mohd Faizyab Rahamani,Pradeep 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 Criminal Case No. 284 of 2021, under Sections 12 Protection of Women from Domestic Violence Act, Police Station - Saini, District- Kaushambi pending in the Court of learned Judicial Magistrate, Kaushambi 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 aggrieved wife of opposite party no.2 and present case is pending since 2021 even opposite party no.2 has not appeared so far and D.P.O. report is also awaited. It is also submitted that the opposite party nos.2 to 6 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. 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. 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. It is very alarming that an application under Sections 12 Protection of Women from Domestic Violence Act is pending for 4 years and the trial Court is looking some lethargic to proceed with the case. 7. In the circumstances, the Court concerned is expected to procure the submission of D.P.O. report which is pending for long positively within one month from today and thereafter all endeavour shall be made for expeditious disposal of the aforesaid case preferably within two months, 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 :- 28.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad