Disposed

Smt Sonam v. State of U.P. and 6 Others

Allahabad HC7 Nov 2024A482/30125/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, through this application under Section 482 CrPC, directed the Judicial Magistrate, Aligard, to decide the pending domestic violence complaint filed by the applicant within 90 days, citing statutory timelines under the Domestic Violence Act.

What did the court decide?

Direction to the Judicial Magistrate, Court No.2, Aligard to decide Case No.07 of 2021 within 90 days.

Smt Sonam vs State of U.P. and 6 Others — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:192896

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 30125 of 2024

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Applicant :- Smt Sonam Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Upendra Kumar Pushkar, learned counsel for the applicants and Sri Raj Bahadur Verma, learned A.G.A. for the State.

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The present application has been filed for directing the learned Judicial Magistrate, Court No.2, Aligard to decide the Case No.07 of 2021 (Smt. Sonam Vs. Ravi Kumar Rana and others), under Section 12 , 17, 18, 19, 20, 22 Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to Domestic Violence Act), pending in the court of learned Judicial Magistrate, Court No.2, Aligard, within stipulated period.

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Contention of learned counsel for the applicants is that complaint case of the applicant u/s 12 Domestic Violence Act has been pending since 2021, but till date it has not been decided. As per Section 12(5) of the Domestic Violence Act, it is provided that the Magistrate shall endeavour to dispose of every application made under this Section within a period of 60 days from the date of its first hearing. Section 12(4) and 12(5) of Domestic Violence Act are being quoted below:-

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"12(4). The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

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12(5). The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing."

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In view of the above, there is a statutory mandate to decide the complaint u/s 12 of Domestic Violence Act within a period of 60 days from the date of its first hearing.

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Accordingly, learned Judicial Magistrate, Court No.2, Aligard is

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directed to decide the trial of Case No.07 of 2021 (Smt. Sonam Vs. Ravi Kumar Rana and others), under Section 12 , 17, 18, 19, 20, 22 Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to Domestic Violence Act), pending in the court of learned Judicial Magistrate, Court No.2, Aligard, expeditiously preferably within a period of 90 days from the date of receipt of copy of this order.

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With the aforesaid direction, the application is disposed of .

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Order Date :- 9.12.2024 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Smt Sonam v. State of U.P. and 6 Others

Case brief

What is this about?

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Smt Sonam v. State of U.P. and 6 Others

Case brief

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