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2025 DAILYLAW 69231 (ALL)

SMT ASMA AND 2 OTHERS v. STATE OF U.P. AND 5 OTHERS

NA529/1967/2025 · 2025-07-14

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114152 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1967 of 2025 Applicant :- Smt Asma And 2 Others Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Case No. 105 of 2020 (Smt. Asma Vs. Nooruddin and others), under Sections 12, 18, 19, 20, 22 Protection of Women from Domestic Violence Act, 2005, Police Station Kotwali Nagar, District Aligarh, pending in the court of Additional Chief Judicial Magistrate Court No. 1, Aligarh, expeditiously within a stipulated period. 2. Heard 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 applicants that the applicants before this Court are aggrieved wife and her two minor sons and the matter is pending for the last about five years. It is further submitted that as per mandate of the Domestic Violence Act, the matter under the said Act must be decided within 60 days but the aforesaid case is still going on. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the trial court is directed to decide the aforesaid case within a period of sixty days from the date of production of certified copy of this order before it, without granting any unnecessary adjournment to either of the parties and keeping in view the heavy workload in the said court, if there is no legal impediment. 7. 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 execution authorities, advocates, parties to the case, staff 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. 8. With the above observations, the application stands disposed of. Order Date :- 15.7.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad