Smt. Priyanka Bharti v. State of U.P Thru. Addil. Chief Secy. Home Deptt. Civil Secrt. Lko. and 4 Others

Court No. - 15 Case :- MATTERS UNDER ARTICLE 227 No. - 6397 of 2023 Petitioner :- Smt. Priyanka Bharti Respondent :- State Of U.P Thru. Addil. Chief Secy. Home Deptt. Civil Secrt. Lko. And 4 Others Counsel for Petitioner :- Piyush Asthana Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction commanding the learned court below i.e. Additional Chief Judicial Magistrate, Court No.II, Lucknow to conclude the proceedings of Case No.2729 of 2022, under Section 12 of Protection of Women from Domestic Violence Act, 2005, Police Station Indira Nagar, District Lucknow within a time frame. Learned counsel for the petitioner submits that a positive direction be given to the court below to decide the aforesaid case within a stipulated period. Learned A.G.A. has no objection on the prayer made by the learned counsel for the petitioner and submits that a positive direction be given to the court below to decide the case of the petitioner, as merely keeping pending the same by the court below does not suffice any purpose of the litigation. In view of the statements made by the learned counsel for the parties, the court below is directed to decide the aforesaid case expeditiously i.e. within a period of three months, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case. With the aforesaid observation, the petition is disposed of finally. Order Date :- 21.12.2023 Saurabh High Court of Judicature at Allahabad, Lucknow Bench