Allahabad High Court
A483/967/2025 of SMT. RACHANA GAUTAM AND ANOTHER Vs ADDL. CHIEF JUDICIAL MAGISTRATE 3rd LKO. AND 7 OTHERS on 15 November 2025
JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 967 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicants, learned Government Advocate for the State of U.P. and perused the record. The instant application has been preferred by the applicant for the
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 967 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicants, learned Government Advocate for the State of U.P. and perused the record.
The instant application has been preferred by the applicant for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the opposite party No.1 to consider and decide the complaint case No. 417/2022 under section 12 of D.V. Act for maintenance of the petitioners which is pending since 24.8.2022 before the opposite party No.1 within stipulated time." Considering the facts and circumstances of the case indicated in the application including the period of pendency of the case in issue, which was filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (in short 'Act of 2005'), by the applicants and also that as per Sub Section 5 of Section 12 of the Act of 2005, the Magistrate shall endeavour to dispose of every application made under sub- section (1) within a period of sixty days from the date of its first hearing, the present application is disposed of with a direction to the court concerned to make all endeavour for concluding the proceedings of the case in issue, expeditiously as according to various pronouncements of the Hon'ble Apex Court including the judgment(s) passed in the case of Maneka Gandhi Versus Union of India and Another (1978) 1 SCC 248, Hussainara Khatoon Versus Home Secretary, State of Bihar (1980) 1 SCC 81, Kadra Pahadiya and Others Versus State of Bihar (1981) 3 SCC 671, the right to speedy trial/disposal of case is implicit under Article 21 of the Constitution of India.
With the aforesaid, the instant application is disposed of. November 15, 2025 ML/- Versus Counsel for Applicant(s) : Prem Chandra Chauhan Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Smt. Rachana Gautam And Another .....Applicant(s) Addl. Chief Judicial Magistrate 3rd Lko. And 7 Others .....Opposite Party(s) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench