The High Court confined to dismissing an application under Section 482 Cr.P.C. after the applicant withdrew the challenge and requested expedited proceedings, directing the Magistrate to decide the DV Act matter within six months.
Application under Section 482 disposed of; Magistrate directed to decide DV Act case within six months.
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. - 72
Case :- APPLICATION U/S 482 No. - 23603 of 2022
Applicant :- Niranja Sharma @ Niranjan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma, J.
Heard Sri Som Veer, learned counsel for the applicant, learned A.G.A for the State and perused the record.
From perusal of the record, it transpires that in pursuance of an interim maintenance order dated 20.09.2021, when it was not complied with by the applicant, an application under Section 31 of the Domestic Violence Act 2005, had been moved by the wife of the applicant (opposite party no.2), in which the impugned order dated 20.09.2021 was passed.
The applicant has challenged the impugned order under Section 482 Cr.P.C, now the learned counsel for the applicant relinquished the relief claimed and made a request for expeditious disposal of the case under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Since the applicant is leaving all the relief claimed, hence the prayer so made during the course of arguments may be accepted consequently.
It is directed that the learned concerned Magistrate shall decide the case under the aforesaid act within a period of six months positively without allowing unnecessary adjournment to either of the parties.
With these observations, the Application under Section 482, is finally disposed of.
Order Date :- 24.2.2023 Vinod.
Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant's relinquishment of Section 482 Cr.P.C. relief and request for expeditious disposal under Section 12 of the Protection of Women from Domestic Violence Act should be granted.
2 provisions across 2 enactments
Niranja Sharma @ Niranjan
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
