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Allahabad High Court

RAJENDRA MOHAN AGARWALversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court directed the trial court to decide the pending domestic violence case within six months, without unnecessary adjournments, and disposed of the application.

Summary

The applicant, an 86‑year‑old senior citizen, filed an application under Section 529 of the B.N.S.S. seeking an expeditious disposal of Complaint Case No. 257 of 2020 (Smt. Shivali Agarwal v. Amodh Agarwal and others), which is pending before the Judicial Magistrate‑II, Agra under Section 12 of 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 A.G.A., raised no objection to the prayer. The Court examined whether the trial court could be directed to decide the matter within a fixed period without unnecessary adjournments. Finding no legal impediment, the Court ordered the trial court to decide the case within six months of the certified copy of the order, barring unnecessary adjournments, and disposed of the application.

Issues considered

  • Whether the trial court can be directed to decide a pending domestic violence case expeditiously under Section 529 of the B.N.S.S.
  • Whether any legal impediment exists to imposing a six‑month deadline and restricting adjournments

Legislation cited

Subjects

  • expeditious disposal
  • domestic violence
  • Section 529
  • Protection of Women from Domestic Violence Act
  • adjournments
  • senior citizen

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
         APPLICATION U/S 529 BNSS No. - 2288 of 2026



Rajendra Mohan Agarwal
                                                .....Applicant(s)
                            Versus

State of U.P. and Another
                                                    .....Opposite
                                                          Party(s)

Counsel for Applicant(s)             :   Shashi Kumar Tiwari
Counsel for Opposite Party(s)        :   G.A.

Court No. - 84


            HON'BLE PRASHANT MISHRA-I, J.

1. Heard Mr. Shashi Kumar Tiwari, 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
Complaint Case No. 257 of 2020 (Smt. Shivali Agarwal Vs
Amodh Agarwal and others), under Section 12 of the
Protection of Women from Domestic Violence Act, Police
Station Shahganj District Agra, pending in the court of
learned Judicial Magistrate-IInd, Agra, within stipulated
time.

3. It is apprised by learned counsel for the applicant that
the accused-Rajendra is himself the applicant in this
application under Section 529 B.N.S.S. and is an old
person of about 86 years. He further submitted that the
present case is pending since long 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.
                                                                                       NA529 No. 2288 of 2026
                                                                2


                                        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 preferably within a period of
                                        six months from the date of production of certified copy of
                                        this order, if there is no 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 7, 2026
                                        Kashifa




Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad


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