Anchal and Another Vs State of U.P. Thru. Addl. Chief… — Domestic Violence | Allahabad HC (2025)

Anchal and Another Vs State of U.P. Thru. Addl. Chief… — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with a direction to the court concerned (Civil Judge (J.D.) F.T.C./Domestic Violence Act, Sultanpur) to make all endeavour to conclude the proceedings of the case in issue (Criminal Case No. 415/.2024) expeditiously.

Issue for consideration

Whether the Learned Civil Judge (J.D.) F.T.C./Domestic Violence Act, Sultanpur should be directed to expedite disposal of the interim relief application under Section 23 of the Protection of Women from Domestic Violence Act dated 19.11.2024, pending since 19.11.2024 in Criminal Case No. 415/.2024 under Section 12 of the Act (Anchal Vs. Ankish Kumar & Ors). +1 more

Court's answer

Considering the facts and circumstances of the case including the period of pendency of the case in issue, the High Court disposed of the application with a direction to the court concerned to make all endeavour for concluding the proceedings of the case in issue expeditiously.

Ratio / Principle

According to various pronouncements of the Hon'ble Apex Court, including the judgments in Maneka Gandhi, Hussainara Khatoon and Kadra Pahadiya, the right to speedy trial/disposal of case is implicit under Article 21 of the Constitution of India; this principle grounded the direction for expeditious conclusion.

Key takeaways

The Court noted that as per Sub-section (5) of Section 12 of the Act of 2005, the Magistrate shall make endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing, which it took into account along with the pendency in issuing the direction.ratio¶8

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.; Order dated 20.8.2025; Neutral Citation 2025:AHC-LKO:48666). Application under Section 529 BNSS (No. 39 of 2025) by Anchal and another sought a direction to the Civil Judge (J.D.) F.T.C./Domestic Violence Act, Sultanpur to expedite an interim relief application under Section 23 of the Protection of Women from Domestic Violence Act, dated 19.11.2024, pending in Criminal Case No. 415/.2024 under Section 12 of the Act of 2005 (Anchal Vs. Ankish Kumar & Ors; Police Station Kurwar, District Sultanpur), pending since 19.11.2024. Noting the pendency, the mandate in Sub-section (5) of Section 12 of the Act of 2005 (endeavour to dispose within sixty days of first hearing), and relying on Apex Court pronouncements (Maneka Gandhi (1978) 1 SCC 248; Hussainara Khatoon (1980) 1 SCC 81; Kadra Pahadiya (1981) 3 SCC 671) that the right to speedy trial/disposal is implicit under Article 21, the Court disposed of the application directing the court concerned to make all endeavour to conclude the proceedings expeditiously.

Neutral Citation No. - 2025:AHC-LKO:48666

Court No. - 11

Case :- APPLICATION U/S 529 BNSS No. - 39 of 2025 Applicant :- Anchal And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And 10 Others Counsel for Applicant :- Vinod Kumar Tiwari,Devesh Mishra,Kaushal Kumar Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant, learned Government Advocate for the State of U.P. and perused the record.

The instant application has been preferred by the applicant for the following main relief:-

"For the facts reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Learned Civil Judge (J.D.) F.T.C./ Domestic Violence Act Sultanpur to expedite the interim relief application Under Section 23 Protection of Women from Domestic Violence Act dated 19.11.2024 pending in Criminal Case No. 415/.2024, under section 12 Protection of Women from Domestic Violence Act, Anchal Vs. Ankish Kumar & Ors; Police Station- Kurwar, District Sultanpur, pending since 19.11.2024 with in stipulated period, in the interest of justice."

Considering the facts and circumstances of the case indicated in the application including the period of pendency of the case in issue, which was filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (in short 'Act of 2005'), by the applicant and also that as per Sub Section 5 of Section 12 of the Act of 2005 , the Magistrate shall make endeavour to dispose of every application made under subsection (1) within a period of sixty days from the date of its first hearing, the present application is disposed of with a direction to the court concerned to make all endeavour for concluding the proceedings of the case in issue, expeditiously as according to various pronouncements of the Hon'ble Apex Court including the judgment(s) passed in the case of Maneka Gandhi Versus Union of India and Another (1978) 1 SCC 248, Hussainara Khatoon Versus Home Secretary, State of Bihar (1980) 1 SCC 81, Kadra Pahadiya and Others Versus State of Bihar (1981) 3 SCC 671 , the right to speedy trial/disposal of case is implicit under Article 21 of the Constitution of India.

With the aforesaid, the instant application is disposed of .

Order Date :- 20.8.2025/ML

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench