Smt. Priyanka v. State of U.P and 9 Others
Case brief
What is this about?
This court, on an application under Section 482 Cr.P.C., directed the lower court to decide the pending complaint under the Protection of Women from Domestic Violence Act, 2005 expeditiously within three months. The court deemed notice to other opposite parties unnecessary as the order was innocuous.
What did the court decide?
Directed the court below to decide the Domestic Violence Act complaint expeditiously within three months without undue adjournments; dismissal of application without issuing notice to Opposite Parties
What the court decided
Court No. - 90
Case :- APPLICATION U/S 482 No. - 12285 of 2022
Applicant :- Smt. Priyanka Opposite Party :- State Of U.P And 9 Others Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed with prayer to direct the court below to decide the Complaint Case No. 174 of 2020 (Smt. Priynka Vs. Sandeep and others), under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, P.S. Sahpau, District Hathras, pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Sadabad, District Hathras.
Learned counsel for the applicant submitted that the said case was filed on 18.9.2020 and notice was issued to respondents. The case is fixed for receiving report of District Probation Officer. He prayed that a direction may be issued to the court below to decide this case as expeditiously as possible, as the statute concerned is of welfare nature.
It is directed that court below shall make all endeavour to decide this case expeditiously preferably within a period of three months without permitting undue adjournments to either side, if there is no legal hurdle.
Issues for consideration
2 issues framed by the court
Whether the court below should be directed to decide the Domestic Violence Act complaint expeditiously without undue adjournments.
Whether notice needs to be issued to Opposite Parties Nos. 2 to 10 for an urgent direction to decide the pending complaint.
Parties & counsel
- applicant
Smt. Priyanka
- respondent
State Of U.P
Coram
Ram Manohar Narayan Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- A482/12285/2022
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