Disposed

Maimun Khatoon v. State of Up and 3 Others

Allahabad HC5 Dec 2024A482/37018/2024

Case brief

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What is this about?

Single judge application under Section 482 CrPC directed the Fast Track Court at Ghazipur to conclude the trial of a domestic violence case pending under Section 12 of the DP Act within 90 days, citing the 60-day disposal mandate.

What did the court decide?

Direction to conclude and decide the trial of Case Crime No.512 of 2023 within 90 days from the date of receipt of the copy of this order.

Maimun Khatoon vs State of Up and 3 Others — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:190885

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 37018 of 2024

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Applicant :- Maimun Khatoon Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Amitabh Trivedi Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Amitabh Trivedi, learned counsel for the applicant and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.

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The present application has been filed for directing the learned Civil Judge(J.D.)/Fast Track Court, Court No.2, Ghazipur to conclude and decide the trial of Case Crime No.512 of 2023, arising out of proceeding u/s 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Domestic Violence Act'), Police Station-Zamania, District-Ghazipur, within stipulated period.

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Contention of learned counsel for the applicant is that complaint case of the applicant u/s 12 of the Domestic Violence Act has been pending since 2023, 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. Sections-12(4) and 12(5) of the 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

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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 the Domestic Violence Act within a period of 60 days from the date of its first hearing.

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Accordingly, the learned Civil Judge(J.D.)/Fast Track Court, Court No.2, Ghazipur to conclude and decide the trial of Case Crime No.512 of 2023, arising out of proceeding u/s 12 of the Domestic Violence Act, 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 :- 5.12.2024 S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Maimun Khatoon v. State of Up and 3 Others

Case brief

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Maimun Khatoon v. State of Up and 3 Others

Case brief

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