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2025 DAILYLAW 9777 (ALL)

SMT. VANDANA DEVI v. STATE OF U.P. AND 3 OTHERS

A483/130/2025 · 2025-05-05

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74792 Court No. - 80 Case :- APPLICATION U/S 483 No. - 130 of 2025 Applicant :- Smt. Vandana Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satyendra Kumar Yadav,Sunil Kumar Yadav 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 Court of learned Judicial Magistrate, Court No.3, Varanasi to decide the Misc. Case No.19 of 2014, (old case no.851 of 2013) (Smt. Vandana Devi Vs. Suryakant Malviya and others) under Sections 18, 19, 20, 22 of the Protection of Women from Domestic Violence Act, Police Station Chaubeypur, District Varanasi pending before it, Court No.2, Ghaziabad, 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 the present case has been filed under the Domestic Violence Act in the year 2013 and the applicant before this Court is the aggrieved wife. The case is pending since long. It is also submitted that an order was passed by the trial court for interim maintenance to the applicant but the same has not been paid so far by the opposite parties no.2 to 4. The trial court is not taking proper interest in the disposal of this very old matter. Therefore, it is urged that the court concerned may be directed for expeditious disposal of the aforesaid case. 4. I have considered the submissions and perused the record. 5. It is very alarming that a case under the Domestic Violence Act is pending for the last about 12 years and it has not been decided till date. Perusal of the order-sheet of the case concerned reflects that opposite parties no.2, 3 & 4 are not appearing before the court and recovery warrants have been issued against them. The court concerned must be vigilant in dealing with the cases of Domestic Violence against women. 6. In the factual matrix of the case and keeping in view the fact that this case falls under the category of old cases and also considering the object and mandate of the Domestic Violence Act, the Court concerned is directed to take effective steps to procure / ensure the appearance of the opposite parties no.2, 3 & 4 before it in accordance with law and thereafter make all endeavours to decide the aforesaid case within a period of two months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties. 7. With the above observations, the application stands disposed of. Order Date :- 6.5.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad