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2025 DAILYLAW 75607 (ALL)

RINKI SINGH v. STATE OF U.P. AND 9 OTHERS

NA529/2243/2025 · 2025-07-17

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117180 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2243 of 2025 Applicant :- Rinki Singh Opposite Party :- State Of U.P. And 9 Others Counsel for Applicant :- Nandini Pandey,Sharda Prasad Pandey 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 Criminal Misc. Case No. 3002 of 2022, under Sections 31 Protection of Women from Domestic Violence Act, Police Station Harpur Budhat, District Gorakhpur pending in the Court of Judicial Magistrate- 3rd, Gorakhpur 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 wife of opposite party no.2 and present case is pending since 2022 only because the non-cooperation on behalf of the opposite party no.2. It is further submitted that the application under Sections 12 Protection of Women from Domestic Violence Act was allowed by the Court in favour of the applicant but however, since the said order was not complied with by the opposite party nos. 2-10 she was compelled to file an application under Section 31 Protection of Women from Domestic Violence Act which is pending and a recovery warrant has been issued against the opposite party nos. 2 to 10. 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 wife of opposite party no.2 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. 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. 9. With the above observations, the application stands disposed of. Order Date :- 18.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad