Allahabad High Court
SMT PRASUNA DEVIversusSTATE OF U.P. AND 9 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The court ordered the trial court to decide the pending Domestic Violence case within four months, subject to no legal impediment, and disposed of the application.
Summary
The applicant, Smt Prasuna Devi, filed an application under Section 529 of the Code of Civil Procedure seeking an order for the speedy disposal of a pending Domestic Violence complaint (Case No. 1485/2023) before the Fast Track Court in Firozabad. The applicant alleged that the respondents were causing undue delays, leading to hardship. The State's Additional Government Advocate raised no objection to the request. The court, after hearing counsel, directed the trial court to decide the matter within four months of the certified copy of the order, barring any legal impediment and without unnecessary adjournments. The application was thereafter disposed of with the said direction.
Issues considered
- Whether an application under Section 529 CPC for expeditious disposal of a pending Domestic Violence case can be entertained and the trial court directed to decide within a specified time.
Legislation cited
- Code of Civil Procedure, 1908 — s. 529
- Protection of Women from Domestic Violence Act, 2005 — s. 12, 17, 18, 19, 20, 21, 22
Subjects
- Domestic Violence
- Expeditious Disposal
- Section 529 CPC
- Adjournment
- Fast Track Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2362 of 2026
Smt Prasuna Devi
.....Applicant(s)
Versus
State Of U.P. And 9 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Rahul Shukla, 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.
1485/2023 (Prasuna Devi Versus Surjan Singh alias Jhabbu and
others), under Sections 12, 17, 18, 19, 20, 21, 22 of Domestice
Violence Act, Police Station Narkhi, District Firozabad, pending
in the court of learned Civil Judge (J.D.)/ Fast Track Court-II,
Firozabad, within stipulated time.
3. Learned counsel for the applicant apprised that the opposite
party Nos. 2 to 9 are trying to delay the proceedings of the
aforesaid case, which is causing hardship to the applicant.
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
NA529 No. 2362 of 2026
2
concerned shall make all endeavour to decide the aforesaid case
expeditiously preferably within a period of four 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 12, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
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