Dismissed

Shikha v. State of U.P. and 4 Others

Allahabad HC13 Feb 2023A482/3639/2023

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. filed by the complainant praying for time-bound disposal of the trial court proceedings in her case under the Domestic Violence Act. The High Court found no specific reason to expedit the trial and directed the applicant to file a separate application for expediting the trial before the concerned Court.

What did the court decide?

The application under Section 482 Cr.P.C. was dismissed; applicant directed to file a separate application for expediting trial before the concerned court.

Shikha Vs State of U.P. and 4 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 69 Case :- APPLICATION U/S 482 No. - 3639 of 2023 Applicant :- Shikha Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ram Awadh Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Shri Vineet Kumar Shukla holding brief of Sri Ram Awadh Mishra, learned counsel for the applicant, Shri S.B. Maurya, learned counsel for the State and perused the material brought on record.

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The present application under Section 482 Cr.P.C. has been filed by the applicant– Shikha with the prayer to direct the Judicial Magistrate, Mawana (Meerut) to decide the proceeding of Complaint Case No.52 of 2022, Shikha Vs. Tejveer and others, u/s 12, 18, 19, 22, 23 Prevention of Women of Domestic Violence Act, 2005, P.S. Mawana, District Meerut within specific period as this Hon'ble Court may deem fit and proper.

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Learned counsel for the applicant argued that the applicant is the complainant of the case and the Complaint Case being Complaint Case No.52 of 2022 is pending before the trial court. 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.

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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.

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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.

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It is made clear that this Court has not passed any direction for expediting the trial.

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The present application under Section 482 Cr.P.C. stands disposed of.

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(Samit Gopal, J.)

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Order Date :- 13.2.2023/Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Shikha v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Shikha v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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