Disposed

Seema Mishra v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko and Another

Allahabad HC26 Nov 2024/813/2024

Case brief

AI extract

What is this about?

This applicant sought directions under Section 483 Cr.P.C. for the expeditious disposal of a Protection of Women from Domestic Violence Act case. The High Court dispensed notice to the second respondent and directed the trial court to conclude the case without unnecessary adjournments, citing statutory timelines and state of inactivity.

What did the court decide?

Direction to the trial court to dispose of the domestic violence case expeditiously without unnecessary adjournments.

Seema Mishra Vs State of U.P. Thru. Prin. Secy. Deptt… — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:78496

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Court No. - 14

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Case :- APPLICATION U/S 483 No. - 813 of 2024

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Applicant :- Seema Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And Another Counsel for Applicant :- Syed Waqar Husain,Salman Abbas Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party No.1 and perused the entire record.

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In view of the order which is proposed to be passed today, notice to opposite party No.2 is dispensed with.

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The only innocuous prayer made in the present application filed under Section 483 Cr.P.C. is that the learned trial court/ Judicial Magistrate-III, Lucknow be directed to decide the Criminal Case No.535/2019 titled as Seema Mishra vs. Satyendra Mishra, under Section 12 Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "Act, 2005" ), Police Station Alambagh, District Lucknow expeditiously and preferably within a time bound manner.

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Learned counsel for the applicant has submitted that the trial is not being completed because adjournments have been granted frequently. Therefore, he has prayed to issue a direction to dispose of the aforesaid case in a time bound manner.

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Learned A.G.A., on the other hand, has opposed the aforesaid prayer and has placed reliance upon the judgment rendered by Hon'ble Apex Court in the case of High Court Bar Association,

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Allahabad vs. State of U.P. and ors : 2024 1 UPLBEC 545 .

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Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the entire record, having regard to the fact that Section 12(5) of Act, 2005 itself contains a statutory provision for disposal of application with expedition and that too having regard to the object for which the Act, 2005 was enacted, it appears that no substantial progress has been made so far to conclude the aforesaid compliant case.

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Therefore, to secure ends of justice, the present application is finally disposed of with the direction to the trial court concerned to dispose of the aforesaid case expeditiously keeping in view the provision contained in Section 12(5) of Act, 2005 without granting any unnecessary adjournment to the parties, in accordance with law, if there is no other legal impediment.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 26.11.2024 Shubhankar

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Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench

Seema Mishra v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko and Another

Case brief

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Seema Mishra v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko and Another

Case brief

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