In this application under Section 482 Cr.P.C., the Court directed the trial court to decide a pending Section 12 Domestic Violence case within two months to prevent unreasonable delay.
Direction to the trial court to decide the pending Section 12 D.V. case within two months of the order's production.
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. - 85
Case :- APPLICATION U/S 483 No. - 212 of 2022
Applicant :- Seema Yadav Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A., and perused material on record.
This application under Section 482 Cr.P.C. has been filed seeking direction to the Court below for early decision of Misc. Criminal Case No. 1075 of 2020 (Seema Yadav Vs. Avinash Yadav) under Section 12 of Protection of Women from Domestic Violence Act, Police Station Karanda, District Ghazipur pending before learned Civil Judge (Junior Division)/Fast Track Court No.2, District Ghazipur, within stipulated period.
Considering the fact that the trial has remained pending since 2020, without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of two months from the date of production of a certified copy of this order before it, if there is no other legal impediment.
Order Date :- 9.9.2022 S.Ali
Digitally signed by SHAUKAT ALI Date: 2022.09.13 17:51:43 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to direct the trial court to decide the pending domestic violence claim expeditiously.
Whether the High Court should direct a specific time frame for the disposal of the trial.
2 provisions across 2 enactments
Seema Yadav
HON'BLE GAUTAM CHOWDHARY, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
