Disposed¶13

Rubina and Another v. State of U.P. and 6 Others

Allahabad HC18 Feb 2025A483/1226/2024

Case brief

AI extract

What is this about?

Allahabad High Court, Application U/S 483 No. 1226 of 2024, decided 19.2.2025 by Nalin Kumar Srivastava, J. Direction for expeditious disposal of a Domestic Violence Act Section 12 complaint case (No. 1116 of 2021) pending since 2021; 60-day disposal timeline from production of certified copy; trial court's lack of vigilance noted; all stakeholders (police, executive, counsels, parties, staff) bound to assist; application disposed of.

What did the court decide?

Direction to the Additional Chief Judicial Magistrate, Court No. 16, Allahabad to make all possible endeavours and take effective steps for disposal of Complaint Case No. 1116 of 2021 within 60 days from the date of production of certified copy of the order, if there is no legal impediment; all stakeholders bound to assist the Court. ¶13

Rubina and Another Vs State of U.P. and 6 Others — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the court below (Additional Chief Judicial Magistrate, Court No. 16, Allahabad) to decide Complaint Case No. 1116 of 2021 under Section 12 of the Domestic Violence Act expeditiously.

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Court's answer

The learned trial court is directed to make all possible endeavours and take effective steps for disposal of the case within 60 days from the date of production of certified copy of the order, if there is no legal impediment.

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Ratio / Principle

Besides the Presiding Officer, all stakeholders i.e. police and executive authorities, counsels, parties to the case and staff are bound by the order and responsible to assist the Court in every manner for expeditious disposal of the case.

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Key takeaways

Courts should be more vigilant while dealing with cases under the Domestic Violence Act, which is a special enactment; the order-sheet showed the trial court was not taking required interest in the matter.obiter¶9

Detailed headnote1 paragraphs

Application under Section 483 Cr.P.C. by Rubina and another seeking a direction for expeditious disposal of Complaint Case No. 1116 of 2021 (under Section 12 of the Domestic Violence Act, P.S. Dhoomanganj, District Allahabad), pending since 2021 before the Additional Chief Judicial Magistrate, Court No. 16, Allahabad and still at the stage of appearance of opposite party nos. 2 to 8 despite failed mediation efforts. Held: courts should be more vigilant in cases under the Domestic Violence Act, a special enactment; the trial court was directed to make all possible endeavours and take effective steps to dispose of the case within 60 days from production of certified copy of the order, if there is no legal impediment; besides the Presiding Officer, all stakeholders (police, executive authorities, counsels, parties, staff) were made bound by the order to assist the Court. Application disposed of.

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Neutral Citation No. - 2025:AHC:24556

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Court No. - 82

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Case :- APPLICATION U/S 483 No. - 1226 of 2024

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Applicant :- Rubina And Another Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Neha Khan Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 483 Cr.P.C. has been filed by the applicants with a prayer to direct the court below i.e. Additional Chief Judicial Magistrate, Court No. 16, Allahabad to decide the Complaint Case No. 1116 of 2021 (Rubina and Another Vs. Abdul Rahman and Others), under Section 12 of the Domestic Violence Act, Police Station Dhoomanganj, District Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No. 16, Allahabad expeditiously if possible.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State.

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It has been submitted by the learned counsel for the applicants that the said case is pending since the year 2021 and still pending at the stage of appearance of opposite party nos. 2 to 8. It is further submitted that the learned trial court had made some efforts for settlement of the matter but the opposite party nos. 2 to 8 did not appear in the Mediation Centre as well. It is further submitted that the learned trial court is not taking any interest for expeditious disposal of this matter.

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A perusal of the order-sheet the copies of which have been appended with the affidavit reflects that the learned trial court is not taking required interest and not showing seriousness and vigilance for disposal of this case which pertains to Domestic Violence Act. The courts should be a little more vigilant while dealing the cases under the Domestic Violence Act which is a special enactment.

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Without further commenting on the merits of the case, the learned trial court is directed to make all possible endeavours and effective steps should be taken for disposal of the case within 60 days from the date of production of certified copy of this order, if

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there is no legal impediment.

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It is also made clear that the Court/Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

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With the above observations, the application stands disposed of.

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Order Date :- 19.2.2025 Vikram

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Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad

Rubina and Another v. State of U.P. and 6 Others

Case brief

What is this about?

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Rubina and Another v. State of U.P. and 6 Others

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