Allahabad High Court
PREMA DEVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court ordered the trial court to decide the pending case expeditiously within two months, barring unnecessary adjournments.
Summary
Prema Devi filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of a pending domestic violence case (Case No. 471 of 2018) filed under Section 12 of the Protection of Women from Domestic Violence Act. The case had been pending since 2013 before the Civil Judge (J.D.) in Jaunpur, despite a prior order from a coordinate bench directing a two‑month timeline for trial. The State, represented by G.A., raised no objection to expediting the matter. The High Court, after hearing counsel, directed the trial court to decide the case within two months of receiving the certified copy of the order, without unnecessary adjournments, unless a legal impediment existed. The application was subsequently disposed with the direction to the trial court.
Issues considered
- Whether the trial court should be directed to decide the pending domestic violence case within a two‑month period as per the applicant's request under Section 529 CrPC.
- Whether any legal impediment exists that would prevent such expeditious disposal.
Legislation cited
Subjects
- domestic violence
- expeditious disposal
- Section 529 CrPC
- adjournments
- High Court
- application
- trial delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2257 of 2026
Prema Devi
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Om Prakash Vishwakarma
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Om Prakash Vishwakarma, 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. 471 of 2018
(old Case No. 88 of 2013) (Prema Devi Vs. Indrajeet and others),
under Section 12 of Domestic Violence Act, Police Station
Saraikhawaja, District Jaunpur, pending in the court of learned
Civil Judge (J.D.) (Offence against Women)/ Judicial Magistrate,
Court No. 37, Jaunpur, within stipulated time.
3. Learned counsel for the applicant apprised this Court that on
17.10.2022 the coordinate Bench of this Court in Application U/s
482 Cr.P.C. No. 30355 of 2022 expedited the trial and directed
the learned trial court concerned to decide the case as
expeditiously as possible preferably within a period of two
months from the date of production of certified copy of the order.
Learned counsel for the applicant also apprised that the trial is
pending since 2013 before the learned trial court and no
endeavour is being made till date by the learned trial court to
expedite the trial pertaining the aforesaid case.
4. Learned A.G.A. has no objection if the matter be expedited in
the interest of justice.
5. In view of the above, the learned trial court concerned is again
directed to make all endeavour to decide the aforesaid case
expeditiously preferably within a period of two months from the
date of production of certified copy of this order, if there is no
NA529 No. 2257 of 2026
2
legal impediment, without granting unnecessary adjournments to
either of the parties.
6. With the aforesaid direction, this application is disposed of.
(Prashant Mishra-I,J.)
May 6, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
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