Allahabad High Court
SMT UPASNAversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The court held that the trial court must endeavour to dispose of the pending case expeditiously and refrain from granting unnecessary adjournments.
Summary
The applicant, Smt Upasna, filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of a pending domestic violence case (Case No. 401 of 2025) filed under Section 12 of the Protection of Women from Domestic Violence Act. The case had been pending since 29 September 2025 without reaching a conclusion. The State, represented by G.A., raised no objection to the applicant’s request. The High Court examined the record and noted the need for a swift resolution. Consequently, the Court directed the trial court to decide the matter without granting any unnecessary adjournments, provided there is no legal impediment. The application was thereafter disposed of.
Issues considered
- Whether the trial court should be directed to decide the pending domestic violence case expeditiously without unnecessary adjournments
Legislation cited
Subjects
- Domestic Violence
- Section 529
- expeditious trial
- adjournment
- High Court
- application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 1999 of 2026
Smt Upasna
.....Applicant(s)
Versus
State Of U.P. And 5 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Singh, Hitesh Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Ajay Singh, learned counsel for the applicant and learned
A.G.A. representing the State and perused the record.
2. The instant application has been preferred by the applicant with a prayer
for expeditious disposal of Case No. 401 of 2025 (Smt. Upasna Vs. Abhisek
Kumar and others), under Section 12 of Domestic Violence Act, Police
Station Civil Lines, District Rampur, pending in the court of learned Civil
Judge (J.D.)/Fast Track Court (Crime Against Woman), Rampur, within
stipulated time.
3. Learned counsel for the applicant submitted that the present case is
pending since 29.09.2025 and the same has not culminated to its logical
conclusion.
4. Learned A.G.A. has no objection to the innocuous prayer of the applicant.
5. In view of the above, it is directed that the learned trial court concerned
shall make all endeavour to decide the aforesaid case expeditiously without
granting any unnecessary adjournment to either of the parties, if there is no
legal impediment.
6. With the aforesaid direction, this application is disposed of.
(Prashant Mishra-I,J.)
May 7, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
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