Nazrana v. State of U.P. and Another

Court No. - 93 Case :- MATTERS UNDER ARTICLE 227 No. - 11645 of 2023 Petitioner :- Nazrana Respondent :- State of U.P. and Another Counsel for Petitioner :- Vinod Kumar Chandel,Mayank Krishna S Chandel Counsel for Respondent :- G.A. Hon'ble Prashant Kumar,J.

¶1Heard Mr. M.K.S. Chandel, learned counsel for the petitioner and learned A.G.A. for the State.

¶2By means of instant writ petition the petitioner has prayed for a direction in the nature of mandamus directing the Judicial Magistrate, Baberu, Banda for deciding complaint case no.424 of 2021 (Smt. Nazarana vs. Akbar Khan), under Section 31 of Protection of Women from Domestic Violence Act, 2005, Police Station Baberu, District Banda within stipulated period.

¶3Learned counsel for the petitioner submits that the petitioner has filed a case under the Domestic Violence Act, 2005 in the Court of Judicial Magistrate, Baberu, District Banda, which has been pending since August, 2021 and till date the respondent no.2 has not appeared.

¶4Mr. R.K. Singh, learned A.G.A. appearing on behalf of the State respondents has no objection in case, a direction is issued to the Judicial Magistrate to hear and decide the aforesaid case expeditiously.

¶5Considering the facts and circumstances of the case and without adverting on merits, the Judicial Magistrate, Baberu, District Banda is directed to decide the Case No.424 of 2021 (Smt. Nazarana vs. Akbar Khan), under Section 31 of Protection of Women from Domestic Violence Act, 2005, Police Station Baberu, District Banda pending before it expeditiously, in accordance with law, without granting any unnecessary adjournments to either side, preferably within a period of six months from the date of receipt of certified copy of this order.

¶6The writ petition is, accordingly, disposed of. Order Date :- 17.11.2023 S.P. High Court of Judicature at Allahabad