The High Court dismissed the applicant’s petition for expeditious disposal of a pending domestic violence complaint, noting the complainant’s repeated absence and lack of case for urgency.
The petition for expeditious disposal of the complaint case was dismissed.
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.
Neutral Citation No. - 2024:AHC-LKO:41424
Court No. - 15
Case :- APPLICATION U/S 483 No. - 394 of 2024 Applicant :- Shashi Pandey Alias Shashi Dwivedi And 2 Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another
Counsel for Applicant :- Shobha Rajpoot,Ravindra Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioners as well as learned AGA for the State.
Notices to respondent no. 2 are dispensed with in view of the proposed order.
By this petition, the petitioners have prayed for the following relief:-
WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to direct the Additional Chief Judicial Magistrate 4 Court No. 28 Lucknow to decide the complaint case No.623/2023(Shashi Pandey and others versus Bhasker Dwivedi ) U/S 12 of Domestic Violence Act, P.S. Bazar Khala, District Lucknow which Is pending in the court of Additional Chief Judicial Magistrate court No. 4 Lucknow since 2023, as expeditious as possible or within a period as stipulated by this Hon'ble court.
Perused the record.
Perusal of the order sheet shows that on several dates, the complainant has not appeared before the learned court below. She has sought exemption from appearance on almost every date.
No case for expeditious disposal is made out. The petition being devoid of merits is dismissed .
Order Date :- 30.5.2024 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the application for expeditious disposal of a pending domestic violence complaint has merits given the complainant’s consistent failure to appear.
Shashi Pandey Alias Shashi Dwivedi And 2 Others
State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
