The Court granted an expeditious disposal petition regarding a pending Domestic Violence Act case, directing the lower court to decide within two months without undue delays. No adjournments are to be permitted.
Direction to the lower court to decide the case expeditiously within two months without undue adjournments.
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Court No. - 89
Case :- APPLICATION U/S 482 No. - 28379 of 2021
Applicant :- Aparna Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Sachan,Saurabh Sachan Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application has been filed with a prayer to expedite the disposal of Case no. 2524 of 2017, under Sections 12, 18, 19, 20 & 22 of Domestic Violence Act, pending before the Additional Chief Judicial Magistrate, Kanpur Nagar, within stipulated time.
Learned A.G.A. did not oppose the aforesaid prayer.
Learned counsel for the applicant submitted that present case is pending since 2017, more than 4 years have passed and case has not culminated to its logical conclusion.
Keeping in view the period of long pendency of the case, it is directed that court below shall make all endeavour to decide this case expeditiously preferably within a period of two months from the date of production of certified copy of this order, if there is no legal hurdle, without permitting undue adjournments to either sides.
With aforesaid direction, this Application is disposed of without issuing any notice to opposite party no. 2 as it is an innocuous order. If the opposite party no. 2 feels aggrieved, he/she may approach this Court.
Order Date :- 15.2.2022 v.k.updh.
Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.02.16 13:09:31 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct expeditious disposal of the pending Domestic Violence Act case.
Aparna
State of U.P.
Another
Anil Kumar Ojha
Vinod Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
