The High Court, exercising jurisdiction under Article 227, directed the Court of Judicial Magistrate to decide pending matters under the Domestic Violence Act and Cr.P.C. expeditiously within 60 days.
Direction to the Court of Judicial Magistrate to decide the pending case within 60 days without unnecessary adjournments.
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Neutral Citation No. - 2024:AHC:157900
Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 11071 of 2024
Petitioner :- Iima Bano Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashish Kumar,Vivek Kumar Counsel for Respondent :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard Sri Ashish Kumar, learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
This petition under Article 227 of the Constitution of India has been filed to direct the Court of Judicial Magistrate, Court No. 6, Ghazipur to decide Case No. 2046 of 2022 Ilma Bano Versus Jahangir Asraf filed under Section 12 of Domestic Violence Act, Police Station-Kotwali, District-Ghazipur filed under Section 125 Cr.P.C. in the interest of justice considering the facts and circumstances of the case.
Expeditious disposal of a case is the right of every litigant and it is expected from every Court to endeavour to dispose of a case pending before it, expeditiously.
Learned A.G.A. for the State has no objection in this regard.
Considering the facts and circumstances of the case and submission made by learned counsel for the petitioner, it is expedient to direct the court concerned to make its endeavour to decide the aforesaid case as expeditiously as possible preferably within a period of 60 days, without granting any unnecessary adjournments to either of the parties, in accordance with law, if there is no other legal impediment.
With the aforesaid directions, the petition is disposed of.
Order Date :- 26.9.2024 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Court of Judicial Magistrate is directed to decide the pending DV and Cr.P.C. cases expeditiously.
Whether the hearing duration is fixed to ensure disposal within 60 days without unnecessary adjournments.
1 provisions across 1 enactments
Iima Bano
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
