Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 67459 (ALL)

PARUL CHAUDHARY v. State of U.P. AND 5 OTHERS

A482/30071/2024 · 2025-01-15

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:6639 Court No. - 77 Case :- APPLICATION U/S 482 No. - 30071 of 2024 Applicant :- Parul Chaudhary Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the applicant, Sri Sheetla Prasad, learned State Law Officer for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed to direct the Additional Chief Judicial Magistrate, Court No.2, Aligarh to decide the Complaint Case No.182 of 2021, under Sections 12, 18, 19, 20, 22 of Protection of Women from Domestic Violence Act, 2005, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Aligarh within stipulated period as may be fixed by this Court. 3. Contention of counsel for the applicant is that the present case is pending since 2021 and till date it has not been decided. It is further submitted that as per Section 12 (5) of the Protection of Women from Domestic Violence Act, 2005, the Magistrate shall endeavour to dispose of every application made under Sub-section (1) within a period of sixty days from the date of its first hearing. Therefore, direction may be issued to decide the case of the applicant within specific period of time. 4. Considering the aforesaid submissions and mandate of Section 12(4) and 12(5) of Protection of Women From Domestic Violence Act, 2005, the Additional Chief Judicial Magistrate, Court No.2, Aligarh is directed to conclude the proceeding of the aforesaid case expeditiously preferably within a period of next 60 days from the date of receipt of this order, in accordance with law, if there is no legal impediment. 5. With the aforesaid direction, the application is disposed of. Order Date :- 15.1.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad