High Court Court No. 87 directed the lower court to decide a pending recall application filed under Section 12 of the Domestic Violence Act within three months, noting the delay since 2017.
Decision to decide the recall application as expeditiously as possible, preferably within three months.
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Court No. - 87 Case :- APPLICATION U/S 482 No. - 23774 of 2022 Applicant :- Girjesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagdish Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Jagdish Singh, learned counsel for the applicant and Sri Varun Kumar Agnihotri, learned Brief Holder for the State.
By way of present application, applicants made a prayer to direct the court below to decide the Restoration/Recall Application/Misc. Case no. 3403 of 2017 moved by the applicant in the year 2017 for recalling the order dated 13.01.2016 passed in Complaint Case No. 886 of 2015, under Section 12 Domestic Violence Act, Police Station Khorabar, District Gorakhpur as expeditiously within a stipulated period of time.
Learned counsel for the applicant submitted that on 13.01.2016 an ex-parte order was passed against the applicant under Section 12 of Domestic Violence Act and against that order a recall application was moved by the applicant on 07.10.2017 but till date his application is pending, therefore, it is desirable to direct the court below to decide the recall application moved by the applicant in Misc. Case No. 3403 of 2017 expeditiously within a stipulated period of time.
Learned AGA is having no objection, if any such direction is given to the court below.
I have heard both the parties and perused the record of the case.
As recall application moved by the applicant is pending since 07.10.2017 against the order dated 13.01.2016 passed under Section 12 of Domestic Violence Act, therefore, in view of the matter, it is directed that court below shall decide the recall application moved by the applicant on 07.10.2017 in Misc Case No. 3403 of 2017 as expeditiously as possible preferably within a period of three months from the date of production of the certified copy of this order in accordance with law, if there is no legal impediment.
With the aforesaid observation, the present application stands disposed of.
Order Date :- 5.9.2022/AK Pandey
Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.09.07 10:06:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the lower court to expeditiously decide a pending recall application against an ex-parte order under the Domestic Violence Act.
1 provisions across 1 enactments
Girjesh Kumar
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
