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Allahabad High Court

SMT UPASNAversusSTATE OF U.P. AND 5 OTHERS

Decided

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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