The High Court considered an application under Section 482 Cr.P.C. seeking direction for expeditious disposal of a pending DV Act case on non-cooperation of accused. The Court held no specific reasons existed for such direction, instead directing the applicant to approach the trial court within two weeks.
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. - 69 Case :- APPLICATION U/S 482 No. - 3252 of 2023 Applicant :- Smt Shalinee Kumari Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Wahaj Ahmad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Shri W.A. Siddiqui, learned counsel for the applicant, Shri S.B. Maurya, learned counsel for the State and perused the material brought on record.
The present application under Section 482 Cr.P.C. has been filed by the applicant Smt. Shalinee Kumari with the prayer to decide the application under Section 12 of Domestic Violence Act, 2005 vide No.772/2019 (Shalinee Kumari Vs. Sunil and others) pending in the court of Civil Judge, Junior Division, FTC 2, Ghazipur.
Learned counsel for the applicant argued that the applicant is the wife of opposite party no.2. She has filed case under Section 12 of Domestic Violence Act, 2005 in the year 20019. It is argued that the trial is lingering on just because of non cooperation of the accused persons and, as such, appropriate direction be issued for disposal of trial in time bound manner.
Per contra, learned State counsel opposed the prayer made in the present matter by arguing that no such specific reasons have been made out for giving any direction for expediting the trial of the case and as such the application be dismissed.
After having heard learned counsel for the parties and perusing the records, it is evident that there is no specific reason for expediting the same. However, the applicant may file an application for expediting the trial before the court concerned within two weeks from today which may as per its load of work, diary and pendency of cases, pass appropriate orders on the same within two weeks.
It is made clear that this Court has not passed any direction for expediting the trial.
The present application under Section 482 Cr.P.C. stands disposed of.
(Samit Gopal, J.)
Order Date :- 15.2.2023 Gaurav
Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether this Court should exercise its inherent powers under Section 482 Cr.P.C. to issue directions for expeditious disposal of pending Section 12 applications under the Domestic Violence Act while c
2 provisions across 2 enactments
Shalinee Kumari
State Of U.P.
Sunil and others
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
