Manorma Chauhan v. State of U.P. and Another

Court No. - 85 Case :- APPLICATION U/S 483 No. - 947 of 2023 Applicant :- Manorma Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J. Heard learned counsel for the applicant and learned A.G.A. for the State. By means of the present application under Section 483 Cr.P.C., the applicant has sought for a suitable direction to the learned Civil Judge (Junior Division), F.T.C.(C.A.W), Gorakhpur to decide the Criminal Misc. Execution Case No. 3997 of 2019, arising out of original case no. 3171 of 2015,(Manorma Chauhan Vs. Rajan Chauhan) under Section 31 Domestic Violence Act and Section 421 Cr.P.C, Police Station Gorakhnath, District Gorakhpur pending before learned Civil Judge (Junior Division), F.T.C.(C.A.W), Gorakhpur within time stipulated by this Court. It was submitted by learned counsel for the applicant that applicant has filed a Criminal Misc. Execution Case under Section 31 Domestic Violence Act and Section 421 of Cr.P.C in the year 2019 but the same has not been decided so far due to which, applicant is suffering irreparable loss. Learned counsel further submits that a direction may be issued to the concerned Court to decide the same within specific time. No useful purpose would be served in keeping the application pending, which is finally disposed off with a direction to learned Civil Judge (Junior Division), F.T.C.(C.A.W), Gorakhpur to consider and decide the aforesaid case expeditiously, in accordance with law. Order Date :- 20.11.2023 PS High Court of Judicature at Allahabad