Allahabad High Court
NISHA SINGHversusSTATE OF U.P. AND 9 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court held that, under Section 529 of the BNSS 2023, it may direct the Civil Judge to decide the pending domestic violence case expeditiously, preferably within six months, provided no legal impediment exists.
Summary
The applicant, Nisha Singh, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court order directing the Civil Judge (Senior Division)/FTC in Gorakhpur to decide a pending domestic violence case (Case No. 55109 of 2025) within a stipulated period. The pending case involves a petition under Section 12 of the Protection of Women from Domestic Violence Act filed at Sahjanwa Police Station, Gorakhpur. The High Court, after reviewing the material, noted that the case has been pending since 2025 and chose not to opine on its merits. Relying on the powers conferred by Section 529 of the BNSS, the Court directed the lower court to decide the matter as expeditiously as possible, preferably within six months, subject to the absence of any legal impediment. The application was therefore disposed of with the said direction.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct a lower court to decide a pending case within a specific time frame
- Whether any legal impediment exists that would preclude such a direction
Legislation cited
Subjects
- Section 529
- Bhartiya Nagrik Suraksha Sanhita
- Protection of Women from Domestic Violence Act
- court direction
- expedited proceedings
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4519 of 2026
Nisha Singh
.....Applicant(s)
Versus
State Of U.P. And 9 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Shyamu Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Shyamu Shukla, learned counsel for the applicant, Sri Pushpraj
Singh, learned brief holder for the State and perused the material on record.
The present application under Section 529 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant with a prayer to issue a direction
to the Civil Judge (Senior Division)/FTC, Gorakhpur to decide the proceedings
of Case No. 55109 of 2025 (Nisha Singh Vs. Abhimanyu Singh) under Sections
12 of Protection of Women from Domestic Violence Act, Police Station
Sahjanwa, District-Gorakhpur within stipulated period.
Considering the fact that the case is pending since 2025, without expressing any
opinion on the merits of the case, this application is finally disposed of with a
direction to the Civil Judge (Senior Division)/FTC, Gorakhpur to decide the
aforesaid case in accordance with law, as expeditiously as possible, preferably
within a period of six months, after production of certified copy of this order, if
there is no other legal impediment.
With the aforesaid directions, the application stands disposed of finally.
(Sanjay Kumar Pachori,J.)
September 15, 2026
Neetu
Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad
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