Priya Pandey v. State of U.P. Thru. the Prin. Secy. Home, Lko. and Others

Court No. - 28 Case :- APPLICATION U/S 483 No. - 734 of 2023 Applicant :- Priya Pandey Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home, Lko. And Others Counsel for Applicant :- Hanumant Lal Yadav Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard Sri Hanumant Lal Yadav, learned counsel for the applicant, Sri Sushil Pandey, learned AGA for the State and perused the record.

¶2The instant application has been filed that this Hon'ble court may graciously be pleased to direct the Additional Chief Judicial Magistrate (IV) Lucknow to decide the case No.425/2022 (Priya Pandey versus Shitanshu Pati Tripathi and others) U/S 12 of D.V. Act, pending in the court of Judicial Chief Judicial Magistrate (VI) Lucknow since 2022 as expeditious as possible or within a period as stipulated by this Hon'ble court.

¶3Learned counsel for the applicant quoting the aforesaid prayer submits that the matter is still pending consideration and the applicant is suffering due to delay in conclusion of the trial proceedings. He submits that the interest of justice would be sub-served if this Hon'ble Court is pleased enough to direct the Court below to conclude the trial proceedings in Case No. 425 of 2022 within a stipulated period of time as may be fixed by this Court.

¶4The counsel appearing for the State has no objection to the contention aforesaid.

¶5Considering the submissions of the learned counsel for the parties, the Trial Court is hereby directed to conclude the trial proceeding of Case No. 425 of 2022 under section 12 of Domestic Violence Act, pending in the court of Judicial Chief Judicial Magistrate (VI) Lucknow, within a period of four months, if there is no legal impediment, while considering the guidelines and circulars issued in this regard.

¶6The application is disposed off accordingly. Order Date :- 9.11.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench