Disposed

Vakil @ Mohit Chandila and 6 Others v. State of U.P. and Another

Allahabad HC5 Oct 2023A482/26311/2023

Case brief

AI extract

What is this about?

This Hon'ble Court heard an application under Section 482 Cr.P.C. seeking expedited disposal of a domestic violence complaint pending for over a year. The High Court directed the trial court to decide the matter within two months of receiving this order if no legal impediment exists.

What did the court decide?

Directed the trial court to decide the case within two months of receiving a certified copy of this order.

Vakil @ Mohit Chandila and 6 Others Vs… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191712

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 26311 of 2023

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Applicant :- Vakil @ Mohit Chandila And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record.

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The instant application under Section 482 Cr.P.C. has been preferred by the applicants, who are seven in number, namely, Vakil @ Mohit Chandila, Omkar, Krishna, Ankit, Kapil, Rekha and Kavita with a prayer to direct the Court of Civil Judge (Junior Division)/F.T.C., Gautam Budh Nagar to expedite Complaint Case No. 15 of 2022 (Priti Vs. Vakil @ Mohit Chandila and others) under Section 12, 18, 19, 20, 22, 23 of Protection of Women from Domestic Violence Act, 2005, Police Station Beta II, District Gautam Budh Nagar within stipulated period.

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It is submitted by learned counsel for the applicants that the applicants are opposite parties in the aforesaid proceeding and they have appeared in the proceeding through their counsel but no effective proceeding is going on, therefore, the matter is pending since 29.03.2022.

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On the other hand, learned AGA states that no useful purpose would be served in issuing notice to opposite party and keeping this application pending before this Court and it may be disposed of at this stage itself. He has also pointed out that vide order dated 06.09.2022 of Civil Judge (Junior Division)/ F.T.C.-2, Gautam Budh Nagar, the matter was referred to mediation and after completion of the mediation process, further proceeding will be done in the matter.

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Considering the limited grievance of the learned counsel for the applicants, learned trial court is directed to make an endeavour to decide the aforesaid case, as expeditiously as possible, preferably within a period of two months from the date a certified copy of this order is produced before it, if there is no legal impediment.

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With the aforesaid directions, this application is disposed of.

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Copy of this order be communicated to concerned Court below within a week.

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Order Date :- 5.10.2023 Shubham

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Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

Vakil @ Mohit Chandila and 6 Others v. State of U.P. and Another

Case brief

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Vakil @ Mohit Chandila and 6 Others v. State of U.P. and Another

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