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2025 DAILYLAW 63548 (ALL)

JYOTI GUPTA v. STATE OF U.P. AND 4 OTHERS

NA529/1660/2025 · 2025-07-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107291 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1660 of 2025 Applicant :- Jyoti Gupta Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Sachchida Nand Rahul 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 Complaint Case No. 802 of 2022, under Sections 12 Protection of Women from Domestic Violence Act, Police Station- Sarai Inayat, District- Allahabad pending in the Court of Additional Chief Judicial Magistrate, Room No.6, Allahabad 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 2022. It is also submitted that the opposite party nos.2 to 5 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case 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 aggrieved wife 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. Since the matter pertains to the year 2022, considering the object and mandate of the Domestic Violence Act, the Court concerned is directed to decide the aforesaid case within the stipulated period of the time prescribed in the Act itself. It is further directed that no unnecessary adjournment will be sought/granted. 8. This Court has cautioned the trial Court several times to be more sensitive and vigilant while dealing with the cases under Domestic Violence Act and the trial Court has ample powers to pass punitive orders against the defaulter for compliance of its own orders. 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 :- 8.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad