SMT. TINKU BHATTACHARYA v. STATE OF U.P. AND 5 OTHERS
NA529/1075/2025 · 2025-05-04
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48863 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48863 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:71320 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1075 of 2025 Applicant :- Smt. Tinku Bhattacharya Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Ankit Kapoor 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 Misc. Case No. 2027 of 2023, under Sections 12 Protection of Women from Domestic Violence Act, Police Station Dashashwamedh, District- Varanasi pending in the Court of Additional Chief Judicial Magistrate, Varanasi 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 and present case is pending since
2024. It is also submitted that the opposite party nos.2 to 6 have not appeared so far 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. 7. The trial court is expected to invoke its power to ensure service of process upon the accused persons, which is sent under its seal and order in order to procure the presence of the accused. 8. In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party nos. 2 to 6 by sending appropriate process to them
within one month from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case in accordance with law considering the object and mandate of the Domestic Violence Act. 9.
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. 10. With the above observations, the application stands disposed of. Order Date :- 5.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad