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Neutral Citation No. - 2025:AHC:90297 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1394 of 2025 Applicant :- Smt. Rekha Gupta Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Pravin 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 concerned to decide the Execution Case No. 112 of 2023, under Section 31 Protection of Women from Domestic Violence Act, P.S. Audhyogic Kshetra, district Allahabad, pending in the Court of Civil Judge (JD), Court No.1, Allahabad, expeditiously within a 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 aforesaid case was filed in the year 2023 but the Court concerned is not taking proper interest to decide the said case. Applicant is a lady and she has a legal and constitutional right for speedy trial. It is also submitted that in the aforesaid proceeding the opposite party nos. 2 to 8, in-laws of the applicant, were directed to provide maintenance and compensation to the applicant but however no amount has been paid by the said opposite parties and the matter is pending unnecessarily without any effective proceeding.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the entire record.
6. It reflects from the perusal of the order sheets that the aforesaid case is pending since the year 2023. The applicant is a lady. It appears that the trial court is not taking proper interest in the proceedings of the case which relates to the Domestic Violence Act and requires expeditious disposal as per mandate of the Act itself.
7. In the circumstances, the Court concerned is directed to make all possible endeavours for expeditious disposal of the case within two months from the date of production of certified copy of this
order before it, if there is no legal impediment and it will also ensure the payment of the maintenance and compensation amount which was to be paid to the applicant by the opposite party nos. 2 to 8, as ordered by the said Court itself.
8. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, 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 :- 27.5.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad