Allahabad High Court
SMT. DARAKSHAversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court held that it may issue a supervisory direction under Article 227 directing the lower court to decide the pending application within two months.
Summary
The petitioner, an informant, filed an application on 11‑August‑2025 under Section 240 of the Criminal Procedure Code in criminal case No. 2972/2023, which involved offences under Sections 498‑A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. The petitioner sought a direction from the High Court under Article 227 for the Civil Judge (Junior Division)/Judicial Magistrate of Sambhal to decide the pending application within a fixed period. The High Court, after hearing counsel, noted the need for a time‑bound disposal of the application and exercised its supervisory jurisdiction. It ordered the lower court to decide the application within two months of receiving a certified copy of the order. Consequently, the petition was disposed of with the said direction.
Issues considered
- Whether the High Court can, under Article 227, direct a Civil Judge/Judicial Magistrate to decide a pending application under Section 240 CrPC within a specified time.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 240
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- Article 227
- Section 240 CrPC
- supervisory jurisdiction
- time‑bound disposal
- criminal procedure
- domestic violence
- dowry prohibition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12259 of 2026
Smt. Daraksha
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dharm Vir Jaiswal, Harsh Yadav
Counsel for Respondent(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the
State.
2. The present petition is filed with the following prayer:-
"I. issue order or direction, to the civil Judge (Jr division)/judicial Magistrate
Sambhal to decide the application dated 11/8/2025 under section 240 Cr.P.C pending
in criminal case number 2972/2023 in case crime number 231/2023 State of U.P.
versus Danish and others under section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act
police station Kotwali Sambhal District Sambhal within such time as may be fixed by
the honourable High Court"
3. Learned counsel for the petitioner submits that the petitioner is
informant and has filed an application dated 11.8.2025 before the court
concerned and the same is pending and as such, a direction be issued to
the court concerned to decide the same in a time bound manner.
4. Considering the facts and circumstances of the case and the submission
of learned counsel for the petitioner, the petition is disposed of with a
direction to the Civil Judge (Junior Division)/Judicial Magistrate,
Sambhal to decide the application dated 11.8.2025 under Section 240
Cr.P.C in Criminal Case No.2972 of 2023 arising out of Case Crime
No.231 of 2023 (State of U.P. Versus Danish and others) under Sections
498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station
Kotwali Sambhal, District Sambhal within a period of two months from
the date of production of a certified copy of this order.
(Vikram D. Chauhan,J.)
September 9, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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