Disposed

Chandani Devi v. State of U.P. and 5 Others

Allahabad HC20 Sept 2022A482/28973/2022

Case brief

AI extract

What is this about?

The High Court granted time to the trial court to decide the domestic violence application filed under Section 12 of the Act. The court directed disposal within four months after citing the three-year delay.

What did the court decide?

Direction to the trial court to decide the domestic violence application within four months from the date of production of the certified copy of the order.

Chandani Devi Vs State of U.P. and 5 Others — Domestic Violence | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 28973 of 2022

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Applicant :- Chandani Devi Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Dileep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard Sri Dileep Kumar, learned counsel for the applicant and learned AGA for the State-respondent.

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By way of filing present application u/s 482 Cr.P.C., the applicant prays for directing the Civil Judge (Jr. Division)/C.A.W., Fatehpur to decide the Criminal Misc. Case No.6586 of 2019 (Chandani Devi Vs. Abhishek Soni and others), under Section 12 of the Prevention of Women from Domestic Violence Act, 2005, P.S. Chandpur, District Fatehpur within a stipulated period as has been fixed by this Court.

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Learned counsel for the applicant submitted that the applicant is the complainant of the present case and she filed an Application, under section 12 of Prevention of Women From Domestic Violence Act, 2005 (in short, 'the Act'), in the year 2019 which is still pending. He further submitted that in the present case opposite party Nos. 2 to 6 have already appeared before the court concerned but in spite of that, applicant-wife of opposite party No. 2 is facing agony since 2019, therefore, a direction be given to the trial court to decide the application of the applicant filed under Section 12 of the Act, as expeditiously as possible, within a stipulated period of time.

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Learned AGA, however, opposed the prayer but could not dispute the fact that applicant is the lady and she filed an Application under Section 12 of the Act which is pending since 2019 and therefore, if any such direction is given to the court below then she is having no objection.

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I have heard learned counsel for the parties and perused the record of the case.

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Applicant moved an application under Section 12 of the Act on 17.4.2019 and after that, notices were issued to opposite party No. 2 to 6 and they put their appearance but in spite of that, trial of the case is pending. There is a specific provision under Section 12 (5) of the Act that the Magistrate shall endeavour to disposed off every application made under Section 12(1) of the

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Act, within a period of 60 days from the date of first hearing. In the present case, more than three years have already been passed but even till today, the application under Section 12 (1) of the Act filed by applicant is pending, therefore, it is directed that trial court shall decide the application moved by applicant under Section 12 of the Act dated 17.4.2019, as expeditiously as possible, preferably within a period of four months from the date of production of certified copy of this order.

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With the aforesaid observation/direction, present application u/s 482 Cr.P.C. is disposed off.

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Order Date :- 20.9.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.09.21 10:13:17 IST Reason: Location: High Court of Judicature at Allahabad

Chandani Devi v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Chandani Devi v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

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