Disposed

Divya Singh v. State of U.P. and 5 Others

Allahabad HC19 Apr 2022A482/8694/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court directed the Additional Civil Judge, Gorakhpur, to decide a pending application under Section 12 of the Domestic Violence Act expeditiously. The court observed a fatal delay of over eleven months since the first hearing and ordered a decision within one month, prohibiting unnecessary adjournments.

What did the court decide?

Direction to the Additional Civil Judge, Gorakhpur, to decide Case No.150296/2021 within one month from the date of service of this order without unnecessary adjournments.

Divya Singh Vs State of U.P. and 5 Others — Service and Employment | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 8694 of 2022

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Applicant :- Divya Singh Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the applicant/petitioner and learned Government Advocate for the State.

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The present petition has been filed with a prayer to direct learned court below to decide the Case No.150296/2021, under Section 12 of Domestic Violence Act, Police Station - Cantt. District - Gorakhpur, pending in the court of Additional Civil Judge (Senior Division) Court No.2, Gorakhpur expeditiously within stipulated period.

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Learned counsel for the applicant has submitted that the application was taken up for the first time before the court below on 26.04.2021 but the same is still pending and no decision has been taken till now.

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Learned counsel for the applicant has submitted that an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is to be decided within sixty days from the date of its first hearing. He has also drawn attention of this Court toward Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, the same is quoted hereinbelow:

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"(5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing."

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On the other hand, learned AGA has opposed the prayer but unable to dispute the submissions of the learned counsel for the applicant.

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After hearing learned counsel for the parties and going through the record, it is found that the first date of hearing of the case as per order-sheet which is annexed as Annexure 2 to the paper book, was 26.04.2021 and from that date the same was to be decided by 26.06.2021 but the same is still pending from last more than eleven months.

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Considering the aforesaid facts, the Additional Civil Judge (Senior Division) Court No.2, Gorakhpur, is directed to decide the Case No.150296/2021, under Section 12 of Domestic Violence Act, Police Station - Cantt. District - Gorakhpur, within stipulated period, say within a period of one month from the date a certified copy of this order is served before it making all possible endeavour.

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It is made clear that unnecessary adjournment to either of the parties shall not be given and if any adjournment is sought, a short date may be fixed in the case.

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With the aforesaid observations and directions, the petition under Section 482 Cr.P.C. is disposed of.

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Order Date :- 19.4.2022 S. Kumar

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Digitally signed by SANTOSH KUMAR Date: 2022.04.19 17:49:31 IST Reason: Location: High Court of Judicature at Allahabad

Divya Singh v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Divya Singh v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

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