2025:UHC:6866 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION No.1322 of 2025 Girish Chandra Chaudhary ......Applicant Versus Smt. Babita Chaudhary & Others …..Respondents Presence: Ms. Sudha Tamta, learned counsel holding brief of Mr. Vinay Kumar, learned counsel for the Applicant. Hon’ble Ashish Naithani, J. The present criminal miscellaneous application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred by the Applicant-Girish Chandra Chaudhary, son of Late Sh. Nand Lal Chaudhary against Respondent no.1-Smt. Babita Chaudhary, wife of Shri Himanshu Chaudhary, Respondent no.2-Smt. Himani Aswal, wife of Shri Nagendra Aswal and Respondent no.3-Shri Nagendra Aswal, son of Shri Jot Singh Aswal with a prayer that necessary directions for expeditious and time bound disposal of Criminal Misc. Case No.55 of 2021, Babita Chaudhary vs. Girish Chaudhary & others pending in the court of ACJM/Additional Civil Judge, Senior Division 5th Dehradun be issued. 2. The present matter relates to the domestic violence whereby Respondent no.1 had sought relief for maintenance. Learned counsel for the Applicant submits that the matter relates 1 Criminal Misc. Application No. 2586 of 2019, Deepak Bisht & others Vs State and Anr. - Ashish Naithani J. 1 2025:UHC:6866 back to 2021 and yet the proceedings are under trial and the matter is lingered on, on one pretext and the other. 3. On perusal of the order sheet of the concerned case that the matter is not being lingered on by other party but as the order sheet speaks it is evident that the cause of said proceedings not being finalized. On perusal of the order sheet of the lower court, it has been specifically mentioned that on most of the occasions both the parties were not present though there is a representation on behalf of their Advocates. As per order sheet dated 22.05.2025 learned counsel for the parties were present. The trial court heard the application of Respondent no.1- Babita Chaudhary and the matter was listed for 19.06.2025 for orders. On the date fixed the order sheet reveals that the learned Presiding Officer of the said court (5th Additional Civil Judge (Sr. Div.), Dehradun) was under training and the matter was further listed for 16.07.2025. 4. Learned counsel for the Applicant prayed that direction be issued to the learned trial court to expedite the proceedings of the Criminal Misc. Case No.55 of 2021, Babita Chaudhary vs. Girish Chaudhary & others. 5. I have considered the submission of learned counsel for the parties and have gone through the order sheet. By considering the facts and circumstances, this Court is of the view that trial should be expedited. The instant C528 Application is allowed with direction to the learned ACJM/Additional Civil Judge, Senior Division Fifth, Dehradun to hear and conclude the matter 2 Criminal Misc. Application No. 2586 of 2019, Deepak Bisht & others Vs State and Anr. - Ashish Naithani J. 2 2025:UHC:6866 expeditiously. It is provided that the court concerned shall not grant unnecessary adjournment to either of the parties. Ashish Naithani, J. 05.08.2025 Arti 3 Criminal Misc. Application No. 2586 of 2019, Deepak Bisht & others Vs State and Anr. - Ashish Naithani J. 3 ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.08.08 17:27:34 +05'30'