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Neutral Citation No. - 2025:AHC:78213 Court No. - 80 Case :- APPLICATION U/S 483 No. - 1104 of 2024 Applicant :- Smt. Asma Opposite Party :- State Of Up And 4 Others Counsel for Applicant :- Mehdi Abbas Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned trial court to decide Case No. 2137 of 2020 (Smt. Asma Vs. Faheem and others), under Section 12 Domestic Violence Act, Police Station Gulaothi, District Bulandshahr, pending in the court of learned Chief Judicial Magistrate, Bulandshahr, 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 this is a case under Domestic Violence Act pending since the year 2020 and the applicant before this Court is aggrieved wife. It is further submitted that although it is mentioned in the report dated 03.03.2025 sent by the court concerned that the matter is pending at the stage of evidence of the applicant but it is clear from the
order sheets that the evidence of the applicant has been filed and subsequently the case has proceeded and now the case is fixed for evidence of opposite party nos. 2 to 5.
4. Learned AGA opposed the prayer.
5. I have considered the submissions and perused the record. It reveals from perusal of order sheets that the case is pending at the stage of evidence of opposite party nos. 2 to 5. This Court has repeatedly reminded that the trial courts should be more vigilant and sensitive while dealing with the cases under Domestic Violence Act which must be decided within a period of sixty days keeping in view the object and mandate of the said Act.
6. In the facts and circumstances of the case, the learned trial court is directed to decide Case No. 2137 of 2020 (Smt. Asma Vs. Faheem and others), under Section 12 Domestic Violence Act,
Police Station Gulaothi, District Bulandshahr, pending in the court of learned Chief Judicial Magistrate, Bulandshahr 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, 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 :- 13.5.2025 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 Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad