Disposed

Smt. Neelam v. Civil Judge (Junior Division), Fast Track Court 1ST, Ambedkar Nagar

Allahabad HC7 Mar 2024/157/2024

Case brief

AI extract

What is this about?

In an application under Section 483 Cr.P.C., the High Court directed the subordinate Civil Judge to determine pending Domestic Violence proceedings under Section 12 DV Act within three months without unnecessary adjournments. The petition was disposed of after impleading the husband as a party.

What did the court decide?

Direction to expedite pending DV case within three months, fixing short dates, and proceeding ex-parte for unnecessary adjournments.

Smt. Neelam Vs Civil Judge (Junior… — Constitutional and Fundamental Rights | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:20993

¶2

Court No. - 11

¶3

Case :- APPLICATION U/S 483 No. - 157 of 2024

¶4

Applicant :- Smt. Neelam Opposite Party :- Civil Judge (Junior Division), Fast Track Court 1st, Ambedkar Nagar

¶5

Counsel for Applicant :- Rajeev Kumar Tripathi

¶6

Hon'ble Rajesh Singh Chauhan,J.

¶7

Heard Sri Rajeev Kumar Tripathi, learned counsel for the petitioner and Sri Sanjay Kumar, learned Additional Government Advocate for the State as well as perused the material available on record.

¶8

This petition under Section 483 Cr.P.C. has been filed by the petitioner with the prayer for issuance of a direction to the learned Civil Judge (Junior Division), Fast Track Court-I, Ambedkar Nagar to decide the Criminal Case No. 1322 of 2015 (Smt. Neelam Vs. Ashok Kumar and 7 others) filed by the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before him since 29.09.2015 within the stipulated time by this Court.

¶9

At the very outset, learned counsel for the petitioner has requested that he may be permitted to delete the sole opposite party and implead Sri Ashok Kumar S/o Sri Ram Dular R/o village and post Ahda, Police Station Motigarpur, District Sultanpur, during the course of the day.

¶10

On the aforesaid request, learned counsel for the petitioner is permitted to delete the sole opposite party from the array of opposite parties and implead Sri Ashok Kumar as opposite party no. 2 with complete address, during the course of the day.

¶11

In view of the proposed order, notice to newly impleaded opposite party no. 2 is hereby dispensed with.

¶12

Learned counsel for the petitioner has stated that the present petitioner, who is wife of newly impleaded opposite party no. 2 i.e. Sri Ashok Kumar, is contesting her case filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 since 29.09.2015, therefore, the direction may be issued to the court concerned to expedite the aforesaid proceedings.

¶13

Learned AGA for the State has no objection to the aforesaid prayer made on behalf of the petitioner.

¶14

Therefore, without entering into merits of the issue, the learned Civil Judge (Junior Division), Fast Track Court-I, Ambedkar Nagar is directed to expedite the proceedings of Criminal Case No. 1322 of 2015 (Smt. Neelam Vs. Ashok Kumar and 7 others) filed by the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and decide the same, strictly in accordance with law, after affording opportunity of hearing to the parties concerned, expeditiously, preferably, within a period of three months, by fixing short dates and without giving any unnecessary adjournments to any of the parties and if any of the parties takes any unnecessary adjournment, the same may be rejected and the matter may be proceeded ex-parte, strictly in accordance with law.

¶15

With the aforesaid direction, this petition is disposed of finally.

¶16

[Rajesh Singh Chauhan,J.]

¶17

Order Date :- 7.3.2024 kkv/

¶18

Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Neelam v. Civil Judge (Junior Division), Fast Track Court 1ST, Ambedkar Nagar

Case brief

What is this about?

What did the court decide?

Smt. Neelam v. Civil Judge (Junior Division), Fast Track Court 1ST, Ambedkar Nagar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Kesari and 3 Others vs State of U.P. Thru. Secy. Home Lko. and Another

Pankaj Kumar Jaiswal vs State of U.P. Thru. Addl. Chief Secy. Irrigation and Water Resourses Civil Sectt. Lko and 2 Others

Chandu Musalman vs State of U.P. Thru. Prin. Secy. Home Lko.

Mohd. Taufiq Vs State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Sushil Rathaur Vs State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Raj Kashyap Vs State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.