Gautam Vishwakarma Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2026)

Gautam Vishwakarma Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to the court concerned to decide Criminal Case No. 74 of 2025 in accordance with law, as expeditiously as possible, without granting unnecessary or long adjournments to either of the parties, preferably within three months from the date of presentation of a certified copy of the order, if there is no other legal impediment.

Issue for consideration

Whether a direction should be issued to the court concerned for early decision of Criminal Case No. 74 of 2025, arising out of Case No. 453 of 2019, under Section 12 of the D.V. Act, pending before the Civil Judge (J.D.)/FTC Court No. 2, Ghazipur.

Court's answer

Without expressing any opinion on the merits of the case, the application under Section 529 BNSS is finally disposed of with a direction to the court concerned to decide the aforesaid application/case in accordance with law, as expeditiously as possible, without granting unnecessary or long adjournments to either of the parties.

Ratio / Principle

The court concerned shall decide the case preferably within a period of three months from the date of presentation of a certified copy of the order, if there is no other legal impediment.

Detailed headnote1 paragraphs

Allahabad High Court (Jai Prakash Tiwari, J.; decided April 20, 2026) — Application under Section 529 BNSS (NA529 No. 975 of 2025) by Gautam Vishwakarma seeking a direction to the court concerned for early decision of Criminal Case No. 74 of 2025, arising out of Case No. 453 of 2019, under Section 12 of the D.V. Act, Police Station Karanda, District Ghazipur, pending before the learned Civil Judge (J.D.)/FTC Court No. 2, Ghazipur; restoration application pending since 2025. Held: without expressing any opinion on the merits, the application was finally disposed of with a direction to the court concerned to decide the case in accordance with law as expeditiously as possible, without granting unnecessary or long adjournments to either of the parties, preferably within a period of three months from the date of presentation of a certified copy of the order, if there is no other legal impediment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 529 BNSS No. - 975 of 2025

Gautam Vishwakarma

V	ersus	.	....Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Raj Kum	Kumar ar Pal	Pandey, Ram
Counsel for Opposite Party(s)	: Anil Yada	Kumar, v, Rajesh	G.A., Mukul Yadav

Court No. - 84

HON'BLE JAI PRAKASH TIWARI, J.

Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record. None is present on behalf of the opposite party even in the revised call.

This application under Section 529 BNSS has been filed seeking direction to the court concerned for early decision of Criminal Case No.74 of 2025 arising out of Case No. 453 of 2019, under Section- 12 of D.V. Act Police Station- Karanda, District- Ghazipur, pending before the learned Civil Judge (J.D.)/FTC Court No.2, Ghazipur.

Learned counsel for the applicant submits that vide order dated 11.03.2026, passed by this Court, the parties were directed to appear before the Court but even after revised call, none is present on behalf of the opposite party no.2. It is further submitted that the restoration application has pending since 2025 and considerable time has already been lapsed.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court concerned to decide the aforesaid application/case in accordance with law, as expeditiously as possible, without granting any

NA529 No. 975 of 2025

2

unnecessary or long adjournments to either of the parties, preferably within a period of three months from the date of presentation of a certified copy of this order, if there is no other legal impediment.

April 20, 2026

S.K.

(Jai Prakash Tiwari,J.)

Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad