Smita Pandey and Another v. State of U.P. and 7 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 39468 of 2023 Applicant :- Smita Pandey And Another Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Ashok Kumar Chaubey,Brijendra Kumar Pandey,Sachindra Kumar Pandey,Saurabh Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants and learned A.G.A.

¶2The applicants have invoked the jurisdiction of this Court under section 482 Cr.P.C. with a prayer to direct Civil Judge (S.D.)-Ist, Gorakhpur to decide the complaint case no. 146437 of 2021, Smita Pandey Vs. Manjeet Dubey, u/s 12, of The Protection of Women from Domestic Violence Act. 2005, P.S. Shahpur, District Gorakhpur, within the stipulated period.

¶3Learned counsel for the applicants has submitted that the applicant no.1 is wife of O.P. No.2 and she has filed an application under section 12 of The Protection of Women from Domestic Violence Act. 2005, on the basis of which the instant case has been instituted, however the said case is pending disposal and has been lingering-on, on one pretext or the other.

¶4In view of above, court below is expected to make all endeavour to decide the aforesaid case expeditiously preferably within a period of four months after giving opportunity of hearing to both the sides and without giving unnecessary adjournments to either side and there is no other legal impediment in deciding the aforesaid case.

¶5With these observations, the application filed u/s 482 Cr.P.C. stands disposed of. Order Date :- 9.11.2023 R High Court of Judicature at Allahabad