Disposed

Zahida Khatoon v. Civil Judge (J.D) Ftc Women Atrocities Bahraich and 7 Others

Allahabad HC20 Aug 2025NA529/42/2025

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AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) disposed of an application under Section 529 BNSS seeking speedy disposal of a pending domestic violence case under Section 12 of the Protection of Women from Domestic Violence Act, 2005, directed the lower court to conclude proceedings expeditiously citing the right to speedy trial under Article 21.

What did the court decide?

Directed the court of Civil Judge (J.D)/FTC Women Atrocities, Bahraich to decide the pending case No.241/2025 under the Protection of Women from Domestic Violence Act, 2005, expeditiously within the s

Zahida Khatoon Vs Civil Judge (J.D) Ftc Women… — Writ and Judicial Review | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:48757

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Court No. - 11

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Case :- APPLICATION U/S 529 BNSS No. - 42 of 2025

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Applicant :- Zahida Khatoon Opposite Party :- Civil Judge (J.D) Ftc Women Atrocities Bahraich And 7 Others Counsel for Applicant :- Afzal Hasan

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Hon'ble Saurabh Lavania,J.

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

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

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"WHEREFORE, it is most respectfully prayed that the Hon'ble Court may kindly be pleased to direct the court of Learned Civil Judge (Junior Division)/FTC Women Atrocities, Bahraich, District Bahraich to decide the case No.241/2025 "Zahida Vs. Nanhu and others" under section 31 for execution Protection of Women from Domestic Violence Act, 2005, Police Station Risiya, District Bahraich, expeditiously, which is pending before him, within stipulated period by this Hon'ble Court, in the interest of justice."

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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 endeavour to dispose of every application made under sub-section (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.

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Order Date :- 20.8.2025 Anand/-

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

Zahida Khatoon v. Civil Judge (J.D) Ftc Women Atrocities Bahraich and 7 Others

Case brief

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Zahida Khatoon v. Civil Judge (J.D) Ftc Women Atrocities Bahraich and 7 Others

Case brief

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