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Neutral Citation No. - 2025:AHC:24556 Court No. - 82 Case :- APPLICATION U/S 483 No. - 1226 of 2024 Applicant :- Rubina And Another Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Neha Khan Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 483 Cr.P.C. has been filed by the applicants with a prayer to direct the court below i.e. Additional Chief Judicial Magistrate, Court No. 16, Allahabad to decide the Complaint Case No. 1116 of 2021 (Rubina and Another Vs. Abdul Rahman and Others), under Section 12 of the Domestic Violence Act, Police Station Dhoomanganj, District Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No. 16, Allahabad expeditiously if possible. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. It has been submitted by the learned counsel for the applicants that the said case is pending since the year 2021 and still pending at the stage of appearance of opposite party nos. 2 to 8. It is further submitted that the learned trial court had made some efforts for settlement of the matter but the opposite party nos. 2 to 8 did not appear in the Mediation Centre as well. It is further submitted that the learned trial court is not taking any interest for expeditious disposal of this matter. 4. A perusal of the order-sheet the copies of which have been appended with the affidavit reflects that the learned trial court is not taking required interest and not showing seriousness and vigilance for disposal of this case which pertains to Domestic Violence Act. The courts should be a little more vigilant while dealing the cases under the Domestic Violence Act which is a special enactment. 5. Without further commenting on the merits of the case, the learned trial court is directed to make all possible endeavours and effective steps should be taken for disposal of the case within 60 days from the date of production of certified copy of this order, if
there is no legal impediment. 6.
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 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. 7. With the above observations, the application stands disposed of. Order Date :- 19.2.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad