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2026 DAILYLAW 15087 (ALL)

HARI BALLABH AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA529/4422/2026 · 2026-10-05

Jai Prakash Tiwari

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4422 of 2026 Court No. - 82 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicants, learned counsel for the opposite party nos. 2 and 3 and learned AGA for the State. This application under Section 529 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed seeking a direction to the court concerned to expedite the trial of Case No. 98581 of 2024 (Smt. Shrishti Sharma and another vs. Hari Ballabh Sharma and others), under Section 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station Sikandara, District Agra, pending before the court of learned Additional Civil Judge (Junior Division), FTC-I, Agra within stipulated period. Learned counsel for the applicants submits that the opposite party no. 2 has filed the aforesaid case before the court concerned on 20.6.2024. It is submitted that the opposite party no. 2 has trying to lingering the proceedings of the case due to this reason, she has not appearing before the court concerned regularly. The aforesaid proceedings are still pending before the court concerned. Learned counsel for the applicant, therefore, submits that, considering the considerable period for which the proceedings have remained pending, a suitable direction may be issued to the court concerned for expeditious disposal of the aforesaid case. Learned counsel for the opposite party nos. 2 and 3, on the other hand, submits that the opposite party nos. 2 and 3 are regularly appearing in the court concerned. Versus Counsel for Applicant(s) : Bantoo Singh, Rahul Pal, Vivek Kumar Pal Counsel for Opposite Party(s) : Lavkush Kumar Shukla, G.A. Hari Ballabh And 3 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) Having considered the submissions advanced by learned counsel for the parties and upon perusal of the material available on record, it appears that the proceedings arising out of the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, have remained pending since the year 2024. In view of the aforesaid facts and circumstances of the case and having regard to the mandate contained in Protection of Women from Domestic Violence Act, 2005, the court concerned is directed to make all possible endeavour to conclude and decide the aforesaid case under Section 12 of the Protection of Women from Domestic Violence Act, 2005, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order, strictly in accordance with law, provided there is no legal impediment. With the aforesaid observations and directions, the application stands disposed of. October 6, 2026 Brijesh NA529 No. 4422 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad