Disposed¶14

Gaurav v. State of U.P. and Another

Allahabad HC5 Feb 2025A483/81/2025

Case brief

AI extract

What is this about?

Expedition direction under Section 483 Cr.P.C.; Section 12 Domestic Violence Act complaint pending since 2021; 60-day disposal timeline mandated by the Court; Civil Judge (J.D.) Fast Track Court, Baghpat; all stakeholders (police, execution authorities, advocates, parties, staff) bound to assist speedy trial; Gaurav vs. State of U.P.; Allahabad High Court, 2025.

What did the court decide?

Direction issued to the trial court (Civil Judge (J.D.) Fast Track Court, Baghpat) to decide Complaint Case No. 300 of 2021 under Section 12 of the Domestic Violence Act within sixty days from the date of production of a certified copy of the order, without unnecessary adjournments, subject to court workload and absence of legal impediment. ¶14

Gaurav vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the trial court ought to be directed to decide Complaint Case No. 300 of 2021 (Smt. Arpana Sharma vs. Gaurav and others) under Section 12 of the Domestic Violence Act, pending since 2021, expeditiously within a stipulated period. +1 more

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Court's answer

The trial court is directed to decide Complaint Case No. 300 of 2021 within a period of sixty days from the date of production of a certified copy of this order before it, without granting any unnecessary adjournment to either party, keeping in view the heavy workload of the said court and provided there is no legal impediment.

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Ratio / Principle

Besides the Presiding Officer, all stakeholders, i.e. police and execution authorities, advocates, parties to the case and staff, are bound by the order, and it is their responsibility also to assist the Court in every manner for the expeditious disposal of the case.

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Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.; order dated 10.7.2025; Neutral Citation 2025:AHC:110274): In an application under Section 483 Cr.P.C., the applicant-husband sought a direction for expeditious disposal of Complaint Case No. 300 of 2021 (Smt. Arpana Sharma vs. Gaurav and others) under Section 12 of the Domestic Violence Act, pending since 2021 before the Civil Judge (J.D.), Fast Track Court, Baghpat, counsel relying on the Act's mandate of decision within 60 days. Held: the trial court shall decide the case within sixty days from the date of production of a certified copy of the order, without granting unnecessary adjournments to either party, keeping in view the heavy workload of the court and subject to there being no legal impediment; it was further clarified that the Presiding Officer is not the only stakeholder — police, execution authorities, advocates, parties and staff are equally bound to assist in expeditious disposal. Application disposed of accordingly.

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Neutral Citation No. - 2025:AHC:110274

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Court No. - 83

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Case :- APPLICATION U/S 483 No. - 81 of 2025

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Applicant :- Gaurav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramendra Giri 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 with a prayer to direct the learned trial court to decide Complaint Case No. 300 of 2021 (Smt. Arpana Sharma Vs. Gaurav and others), under Section 12 of Domestic Violence Act, Police Station Baghpat, District Baghpat, pending in the court of Civil Judge (J.D.) Fast Track Court, Baghpat expeditiously within a stipulated period.

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

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It is submitted by the learned counsel for the applicant that the applicant before this Court is husband of the opposite party no. 2 and the matter is pending since the year 2021. It is further submitted that as per mandate of the Domestic Violence Act, the matter under the said Act must be decided within 60 days but the aforesaid case is still going on.

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Learned AGA opposed the prayer.

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I have considered the submissions and perused the record.

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In the facts and circumstances of the case, the trial court is directed to decide the aforesaid case within a period of sixty days from the date of production of certified copy of this order before it, without granting any unnecessary adjournment to either of the parties and keeping in view the heavy workload in the said court, if 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 execution authorities, advocates, parties to the case, staff are also made

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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 :- 10.7.2025 Rmk.

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Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Gaurav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Gaurav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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