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2025 DAILYLAW 88275 (ALL)

SMT VINITA SINGH v. State of U.P. AND 6 OTHERS

A482/27360/2024 · 2025-02-23

Arun Kumar Singh Deshwal

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:25808 Court No. - 77 Case :- APPLICATION U/S 482 No. - 27360 of 2024 Applicant :- Smt Vinita Singh Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Amarnath Tripathi, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned AGA for the State. 2. The instant application has been filed seeking a direction to A.C.J.M., court No.7, Varanasi to decide the Case No. 46 of 2013 (Vinita Singh vs. Manoj Kumar Singh), under Section 31 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act, 2005') P.S. Shivpur, District Varanasi within a time bound period. It is further prayed to direct opposite party Nos. 2, 3, 4, 5 & 6 for effective compliance of the judgement and order dated 11.7.2013, passed by Additional Sessions Judge, Court No.8, Varanasi in Criminal Appeal No. 67 of 2013 (Smt. Vinita Singh vs. State of U.P. and others), under Section 29 of the Domestic Violence Act and direct opposite party No.7 to comply with the order dated 11.7.2013. 3. In pursuance of the earlier order dated 15.01.2025, Commissioner of Police, Varanasi has filed compliance affidavit dated 14.02.2025. In the above affidavit, the Commissioner of Police, Varanasi has specifically stated that accused had been arrested and sent to jail on 11.02.2025. It is further mentioned that certain police officials were found negligent in execution of recovery warrant against the accused and disciplinary proceeding has been initiated against them. 4. In such view of the matter, present application is disposed of with a direction to the court below to decide the application of the applicant, u/s 31 of the Domestic Violence Act, as expeditiously as possible, preferably within a period of six months. Order Date :- 24.2.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad