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2025 DAILYLAW 41954 (ALL)

SMT NIDHI JAUHRI @ NIDHI SAXENA v. STATE OF U.P. AND 5 OTHERS

NA529/964/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83910 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 964 of 2025 Applicant :- Smt Nidhi Jauhri @ Nidhi Saxena Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Purushottam Pandey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed by the applicant with a prayer to direct the court below to decide the Case No.981 of 2024, (Smt. Nidhi Jauhri @ Nidhi Saxena Versus Shubank Saxena and others), under Sections 12, 18, 19, 20, 21, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005, P.S. Ijjatnagar, District Bareilly, pending in the court of A.C.J. (S.D.) III, Bareilly, within a stipulated time period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted that the present matter pertains to the Domestic Violence Act and the applicant before this Court is the aggrieved wife. It is further submitted that opposite party nos.2, 3, 4, 5 and 6 have already appeared before the court, but the trial court is still passing order to send process to the aforesaid opposite parties, which is causing delay in the disposal of this case. 4. I have considered the submissions and perused the entire record. 5. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2024. The accused persons have appeared before the Court. Since this matter relates to the Domestic Violence Act, this Court several times have cautioned the trial courts to be more vigilant and attentive while dealing with the cases under Domestic Violence Act within stipulated time as provided under the Act itself for the disposal of the case. This Court expects and directs the trial court to decide this matter strictly keeping in view the time limit provided under the Act itself. 6. 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. 7. With the above observations, the application stands disposed of. Order Date :- 19.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad