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2025 DAILYLAW 45334 (ALL)

SMT. MANDVI GUPTA v. STATE OF U.P. AND 4 OTHERS

NA529/966/2025 · 2025-05-18

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83352 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 966 of 2025 Applicant :- Smt. Mandvi Gupta Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Amit Kumar Srivastava 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 below to decide the Complaint Case No.1110 of 2022, Smt. Mandvi Gupta Vs. Sumit Khandelwal and others, under Sections 12, 17, 18, 19, 20, 22, & 23 of the Protection of Women from Domestic Violence Act, 2005, Police Station Premnagar, District Bareilly, pending in the court of Civil Judge (Junior Division)/ F.T.C. Ist, Bareilly, expeditiously within a stipulated time period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. The Court, at the very outset, takes notice of this fact that the said application was registered as a miscellaneous case by the learned trial court vide order dated 30.11.2022 and thereafter it was named a Complaint Case No.1110 of 2022, and it appears that procedure of complaint case is being adopted by the trial court. The trial court is reminded that the procedure under the Domestic Violence Act, begins with an application and it is never a complaint case, nor it is anywhere mentioned in the said Act that the application should be treated as a complaint case. However, in the Act itself the prescribed period of time for disposal of the case has been mentioned. Hence, the trial court is directed to comply with the aforesaid provision of the Domestic Violence Act and the matter should be decided within the stipulated period of time given in the Act itself. 4. 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