Vivek Gaud v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 42008 of 2023 Applicant :- Vivek Gaud Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshu Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

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

¶2This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to direct the Judicial Magistrate, Court No.4, Agra to decide Complaint Case No. 1462 of 2015 (Smt. Mili Gaud Vs. Vivek Gaud), under Section 12 of Domestic Violence Act, District Agra within stipulated period.

¶3Learned counsel for the applicant has submitted that the applicant is the husband of opposite party no.2 and opposite party no.2 had filed an application under Section 12 of the Domestic Violence Act on 29.05.2015 against the applicant and his family members, on the basis of which, the instant case has been instituted, however, despite lapse of more than 8 years, the said proceedings are still pending disposal and has been lingering-on, on one pretext or the other.

¶4In view of the above, learned court below is expected to make all endeavours to decide the aforesaid complaint case as expeditiously as possible preferably within a period of six months from the date of filing of certified copy of this order without giving any unnecessary adjournments to either parties, if there is no other legal impediment in deciding the aforesaid application/complaint case.

¶5With the aforesaid direction, this application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 7.12.2023 Subham High Court of Judicature at Allahabad