Allowed

Smt Jyoti Pandey v. State of U.P. and 3 Others

Allahabad HC10 Jul 2024A482/19939/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Allahabad High Court, allowing the petition without notice, directed the lower civil court to dispose of a pending Section 12 Protection of Women from Domestic Violence Act case within three months.

What did the court decide?

Direction to decide Case No. 806 of 2022 under Section 12 of the Protection of Women from Domestic Violence Act as expeditiously as possible, preferably within three months from the date of production

Smt Jyoti Pandey vs State of U.P. and 3… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:113989 HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl.No.20)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 19939 of 2024 Applicant :- Smt Jyoti Pandey Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anoop Kumar Pandey,Ravi Sahu Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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1.Heard Sri Anoop Kumar Pandey, learned counsel for the applicant and Sri Padmakar Rai, learned AGA for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking a direction to the learned court below to decide the Case No. 806 of 2022 (Smt. Jyoti Pandey vs. Rajesh Agnihotri and otehrs), under Section 12 of the Protection of Women from Domestic Violence Act, 2005, P.S. Kidwai Nagar, District Kanpur Nagar, pending in the Court of Civil Judge (S.D.), Court No.6, Kanpur Nagar within a time bound manner.

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Learned counsel for the applicant submits that the case under Section 12 of the Protection of Women from Domestic Violence Act (hereinafter referred to as 'the Act') was filed by the applicant on 02.03.2022, since then, it is pending and as per the provisions of Sub-section (5) of Section 12 of the Act, the proceedings under Section 12 of the Act are expected to be disposed of within sixty days. The matter is pending for the last two years. The proceedings are going on in casual manner. In view thereof, learned counsel for the applicant seeks a direction for expeditious disposal of the aforesaid complaint case.

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Learned A.G.A. has no objection if a direction is issued to the court below for expeditious disposal of the aforesaid case.

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In view of the nature of the order proposed to be passed this court does not find any good reason to issue notice to the opposite party no. 2 and to keep the matter pending.

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The instant application is therefore disposed of with a direction to the court below to decide theCase No. 806 of 2022 (Smt. Jyoti Pandey vs. Rajesh Agnihotri and otehrs), under Section 12 of the Protection of Women from Domestic Violence Act, 2005, P.S. Kidwai Nagar, District Kanpur Nagar, pending in the Court of Civil Judge (S.D.), Court No.6, Kanpur Nagar as expeditiously as possible preferably within a period of three months from the date of production of a certified copy of this order.

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Order Date :- 18.7.2024 Ashish Pd.

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(Anish Kumar Gupta,J.)

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Smt Jyoti Pandey v. State of U.P. and 3 Others

Case brief

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Smt Jyoti Pandey v. State of U.P. and 3 Others

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