This order under Section 483 Cr.P.C. directed the Civil Judge in Jaunpur to dispose of a pending domestic violence case expeditiously within two months to address delays caused by non-cooperation of opposite parties.
Direction to the lower court to decide the case within two months expeditiously.
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. - 93
Case :- APPLICATION U/S 483 No. - 549 of 2022
Applicant :- Shikha Dubey Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Umesh Kumar Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant has filed this application under Section 483 Cr.P.C. for directing the trial court to decide Case No. 3230 of 2021, (Shikha Dubey Vs. Shailesh Chand and others), under Section 11 and 12 of Protection of Women from Domestic Violence Act, 2005, P.S. Maharajganj, District Jaunpur pending before the court of Civil Judge (Junior Division) FTC/Judicial Magistrate, Jaunpur.
Learned counsel for the applicant submits that the applicant is the wife of opposite party no.2. She has filed Case No. 3230 of 2021 under Section 11 and 12 of Protection of Women from Domestic Violence Act, 2005 in the court of Civil Judge (Junior Division) F.T.C./Judicial Magistrate Jaunpur. He also submits that on 1.10.2021, the aforesaid was registered and summon was issued to the opposite parties fixing 04.11.2021 for appearance and thereafter 04.11.2021, 09.12.2021, 09.02.2022, 09.03.2022 and 18.04.2022 was fixed for the said purpose. On 18.04.2022, the applicant moved an application along with affidavit. The aforesaid application was allowed by the learned court below directing to do pairvi within one week, fixing 17.05.2022. Thereafter on 21.04.2022, notice was issued for publication in the newspaper. On 07.05.2022, the opposite party no. 2 filed vakalatnama. The opposite party no. 2 filed written statement denying the plaint allegation on 15.11.2022 and 19.12.2022 was fixed for evidence. He also submits that the case is lingering on just because of non co-operation of the opposite parties and, as such, appropriate direction be issued for disposal of case in time bound manner.
Considering the facts and circumstances of the case, this application is disposed of with a direction to the Civil Judge (Junior Division) FTC/Judicial Magistrate, Jaunpur to procure the appearance of accused and make an endeavour to decide the aforesaid case in accordance with law expeditiously, preferably
within a period of two months from the date of presentation of a certified copy of this order, provided there is no other legal impediment.
Order Date :- 10.2.2023 Pratima
Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the lower court to decide the pending domestic violence case in a time-bound manner.
2 provisions across 2 enactments
Shikha Dubey
Shailesh Chand
Surendra Singh
Pratima Agrahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
