Disposed

Nandini Tiwari v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Allahabad HC7 May 2024A483/315/2024

Case brief

AI extract

What is this about?

Application seeking expeditious disposal of a Domestic Violence Act complaint pending before Judicial Magistrate-III, Faizabad. The Court directed the lower court to make an earnest endeavour to decide the complaint preferably within four months and disposed of the application.

What did the court decide?

Direction to decide Complaint No.1259 of 2022 expeditiously, preferably within four months from production of the order.

Nandini Tiwari vs State of U.P. Thru. Prin. Secy. Home… — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:49806

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Court No. - 30

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Case :- APPLICATION U/S 483 No. - 315 of 2024 Applicant :- Nandini Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Applicant :- Ajai Kumar,Avaneesh Pandey,Sachin Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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The present application has been filed on behalf of the applicant with prayer for direction to the court of Judicial Magistrate-III, Faizabad to decide the complaint under section 12 of Domestic Violence Act, 2005, bearing Complaint No.1259 of 2022, (Nandini Tiwari Vs. Sourabh Tiwari and others), expeditiously within a time frame, in the interest of justice

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Learned counsel for the applicant has submitted that the applicant has filed aforesaid complaint case under Section 12 of Domestic Violence Act, 2005, but the same has not been decided till date and only general dates had been fixed. He further submits that mediation between the parties has failed. He further submits that opposite party no.2 is adopting delaying tactics to deciding the aforesaid complaint. According to learned Counsel, notice was issued to opposite party no.2 by this Court vide order dated 07.05.2024, which has been duly served upon him as per report sent by Chief Judicial Magistrate, Ambedkar Nagar. He, therefore, seeks for indulgence of this Court to direct the court below for expeditious disposal of the aforesaid complaint case.

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Learned A.G.A. has no objection, in case a direction for expeditious disposal of the case be issued.

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Considering the arguments of learned counsel for the parties and in the interest of justice, learned court concerned shall make an earnest endeavour to decide the Complaint Case No.1259 of 2022 filed by the applicant, as expeditiously as possible preferably within a period of four months from the date of production of this order before it, in accordance with the law, if there is no legal impediment.

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With the aforesaid direction, the present application is disposed of .

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(Om Prakash Shukla, J.)

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Order Date :- 23.7.2024 Anand Sri./-

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Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Nandini Tiwari v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

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Nandini Tiwari v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

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