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2025 DAILYLAW 46062 (ALL)

SMT. MAMTA @ USHA AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

NA529/1005/2025 · 2025-05-06

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78488 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1005 of 2025 Applicant :- Smt. Mamta @ Usha And Another Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Arun Kumar Srivastava,Priyanka 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 concerned to decide the Criminal Misc. Case No.427 of 2020 (Smt. Mamta Vs. Vishvendra Singh @ Netrapal and others) under Section 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station Naujhil, District Mathura pending in the Court of Civil Judge (J.D.) / Fast Track Court / Judicial Magistrate, Mathura, expeditiously within a stipulated period. 2. Heard Sri Bajrang Lal Srivastava, holding brief of Sri Arun Kumar Srivastava, learned counsel for the applicants as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant no.1 is the aggrieved wife and applicant no.2 is the minor daughter of opposite party no.2. Earlier an order for interim maintenance was passed by the court concerned against the opposite parties no.2 to 6 but no amount was paid to the applicants and the opposite parties are not cooperating with the trial court. It is further submitted that no effective proceedings are going on in this matter and long dates are being fixed. The case is pending at the stage of cross-examination of P.W.1. Hence, a prayer has been made to issue direction to the court concerned for expeditious disposal of the case. 4. As per object and mandate of Domestic Violence Act, the trial court must be more vigilant and careful while dealing with the cases under the Domestic Violence Act. 5. In the factual matrix of the case and keeping in view the hardship suffered by the applicants / aggrieved wife and minor daughter and also considering the object and mandate of the Domestic Violence Act itself, the Court concerned is directed to make all endeavours for the expeditious disposal of the aforesaid case, preferably within a period of two months from the date of receiving the certified copy of this order. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties. 6. With the above observations, the application stands disposed of. Order Date :- 7.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad