Allahabad High Court
SMT. SAVITAversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court directed the trial court to decide the domestic violence case within six months, disposing of the application as an innocuous order.
Summary
The applicant, Smt. Savita, filed an application under Section 529 of the Code of Criminal Procedure seeking a direction to the Learned Judicial Magistrate, Court No.3, Aligarh, to expedite the pending domestic violence case (Case No. 1367 of 2025) filed under the Protection of Women from Domestic Violence Act. The applicant argued that the case had been pending for an inordinate period without reaching a conclusion. The State, represented by the Additional Government Advocate, raised no objection to expediting the matter. The Court, noting the prolonged pendency and the interest of justice, directed the trial court to decide the case within six months of receiving the certified copy of the order, barring any legal hurdles and disallowing undue adjournments. The application was disposed of as an innocuous order, with a note that any aggrieved parties may approach the High Court.
Issues considered
- Whether the High Court can direct the trial court to decide a PWDVA case expeditiously under Section 529 CrPC
- Whether the application under Section 529 CrPC is maintainable in the present circumstances
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Protection of Women from Domestic Violence Act, 2005 — s. 12, 14, 17, 18, 19, 20, 22
Subjects
- expeditious trial
- domestic violence
- Protection of Women from Domestic Violence Act
- Section 529 CrPC
- adjournments
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2273 of 2026
Smt. Savita
.....Applicant(s)
Versus
State Of U.P. And 8 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sumit Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard Sri Vishal Mani Tripathi, learned Advocate holding brief of
learned counsel for the applicant and learned A.G.A. for the State and
perused the record.
The instant application has been preferred by the applicant with a prayer
to direct the Learned Judicial Magistrate, Court No.3, Aligarh to decide
the case expeditiously in Case No. 1367 of 2025 (Savita Vs. Ravindra
Kumar and Others), under Sections 12, 14, 17, 18, 19, 20, 22 Protection
of Women from Domestic Voilence Act, Police Station- Javan, District-
Aligarh, pending in the Court of Learned Judicial Magistrate, Court No.3,
Aligarh.
Learned counsel for the applicant submitted that present case is pending
since long and the case has not culminated to its logical conclusion.
Learned A.G.A. has no objection if the matter be expedited in the interest
of justice.
Keeping in view the period of pendency of the case, it is directed that the
learned trial court shall make all endeavour to decide this case
expeditiously preferably within a period of six months from the date of
production of certified copy of this order, if there is no legal hurdle,
without permitting undue adjournments to either sides.
With this direction, this application is disposed of without issuing any
notice to O.P. Nos. 2 to 9 as it is an innocuous order. If the O.P. Nos. 2 to
9 feel aggrieved, they may approach this Court.
(Prashant Mishra-I,J.)
May 6, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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