Smt. Meena Kumari v. State of U.P. and 6 Others

Court No. - 93 Case :- APPLICATION U/S 482 No. - 35824 of 2023 Applicant :- Smt. Meena Kumari Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Niraj Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Niraj Kumar Dwivedi, learned counsel for the applicant, Sri Sheetla Prasad, learned State Counsel and perused the record.

¶2The instant application under Section 482 Cr.P.C. has been filed to direct the Additional Civil Judge (Junior Division) F.T.C./Judicial Magistrate, Mathura to decide the Criminal Misc. Case No.2083 of 2022, under Sections 12, 18, 19, 20, 21, 22, 23 of Protection of Women from Domestic Violence Act, 2005, Police Station Baldev, District Mathura within stipulated period as may be fixed by this Court.

¶3Contention of counsel for the applicant is that the present case is pending since 2022. It was initially heard on 20.07.2022 and despite expiry of one year, proceeding is still pending. It is further submitted that as per Section 12 (5) of the Protection of Women from Domestic Violence Act, 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. Therefore, direction may be issued to decide the application of the applicant within specific period of time.

¶4Considering the aforesaid submission and mandate of Section 12(4) and (5) of Protection of Women From Domestic Violence Act, 2005, the Additional Civil Judge (Junior Division) F.T.C./Judicial Magistrate, Mathura, is directed to conclude the proceeding of the aforesaid case expeditiously preferably within a period of next 60 days.

¶5With the aforesaid direction, the application is disposed of. Order Date :- 13.10.2023 A.Kr. High Court of Judicature at Allahabad