This application u/s 482 Cr.P.C. sought direction for expedited trial of a DV case pending since 2021. The High Court granted a direction to the trial court to conclude the case within six months.
Direction to trial court to conclude the case within six months from the date of production of the certified copy of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- APPLICATION U/S 482 No. - 5030 of 2022
Applicant :- Smt. Pinki Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
By means of this application under Section 482 Cr.P.C. the only prayer made by the applicant is that the court concerned be directed to expedite the trial of Case No. 536 of 2021 (Smt. Pinki vs. Durga Prasad and others), under Section 12 of Protection of Women From Domestic Violence Act, 2005, Police Station Tanda, District Rampur, pending in the Court of Civil Judge (J.D.)/F.T.C. (Crime against Women), Rampur, within stipulated period.
Learned counsel for the applicant submits that the marriage of applicant was solemnized with Manoj Kumar (now died) on 16.04.2019. At present, the applicant is living at her parental house and she has no source of income. She is suffering from economical crises. He further submitted that the trial of the case is pending before the court below since 2021 and trial court is not taking any interest to decide the case and opposite parties want to prolong the case. He prays that a suitable direction be issued to court concerned to decide the matter
expeditiously within the stipulated time.
Learned AGA opposed the application.
Having regard to the submissions made by learned counsel for the parties, the present application under Section 482 Cr.P.C. is finally disposed of with a direction to the trial court concerned to expedite and conclude the aforesaid case within a period of six months from the date of production of certified copy of this order in accordance with law, if there is no legal impediment.
Order Date :- 7.3.2022 Manoj
Digitally signed by MANOJ KUMAR YADAV Date: 2022.03.08 18:05:48 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the court should direct expedited trial of a pending case under the Protection of Women from Domestic Violence Act, 2005.
2 provisions across 2 enactments
Smt. Pinki
State of U.P.
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
