Smt. Reetu Singh v. State of U.P. and 4 Others

Court No. - 90 Case :- APPLICATION U/S 482 No. - 40228 of 2023 Applicant :- Smt. Reetu Singh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Shashi Kant Pandey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

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

¶2The present applicant has invoked the inherent jurisdiction U/s 482 Cr.P.C. has been filed beseeching the expeditious disposal of Complaint Case No.355 of 2023 (Smt. Reetu Singh Vs. Praveen Kumar Singh and others), under Section 12 of Protection of Women from Domestic Violence Act, 2005 (in brevity "D.V.. Act."),.

¶3It is submitted by learned counsel for the applicant that an application under Section 12 of D.V. Act has been filed by the present applicant, which is pending since the date of its filing i.e. 18.03.2023 despite the fact that the statutory provision to decide the same as enunciated under Section 12(5) of the D.V. Act has already been expired. It is further submitted that the report of the District Probation Officer is already received. However, no fruitful steps have been taken by the court concerned to decide the aforesaid matter at an early in the light of the statutory provision.

¶4Learned A.G.A. has no objection in case a direction is issued for early disposal of the case.

¶5In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally decide the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction to court concerned before whom the aforementioned case is pending disposal, to decide the same expeditiously, preferably, within a statutory period as enunciated under Section 12 of the D.V. Act.

¶6It is expected that the matter should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties.

¶7With the aforesaid direction, present writ petition is disposed of. Order Date :- 8.11.2023/Mini High Court of Judicature at Allahabad