Barkha Mishra v. State of U.P. and 5 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39440 of 2023 Applicant :- Barkha Mishra Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Shambhavi Nandan Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Criminal Complaint Case No.5144 of 2022 (Barkha Mishra Vs. Ankit Mishra and others), under Sections-12 of the Protection of Women from Domestic Violence Act, 2005, Police Station Pandeypur, District Varanasi, pending in the Court of Additional Civil Judge (J.D.)/ Judicial Magistrate, Court No.1, Varanasi.

¶3Learned counsel for the applicant submitted that the applicant lodged the complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The opposite party nos.2 to 6 have filed objection and next submits that several dates have been fixed but on every dates proceeding is postponed. It is next submitted that the provision provided under the Code that proceedings must be decided within six months.

¶4Considering the fact that the trial has remained pending since 2021. Without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 27.10.2023 SFH High Court of Judicature at Allahabad