Allahabad High Court

ILMA KHANversusSTATE OF U.P. AND 6 OTHERS

Decided: 14 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The Court directs the Additional Chief Judicial Magistrate to decide the pending domestic‑violence case within six months, absent any legal impediment.

Summary

The applicant Ilma Khan filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court direction to the Additional Chief Judicial Magistrate, Court No. 6, Aligarh, to decide a pending domestic‑violence case (Case No. 400 of 2024) within a stipulated period. The pending case involves claims under Sections 12, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005. The High Court, after noting that the case has been pending since 2024, refrained from commenting on the merits and instead issued a procedural direction for the magistrate to decide the matter as expeditiously as possible, preferably within six months, provided no legal impediment exists. The order also required the production of a certified copy of the order. Consequently, the application was disposed of with the said direction.

Issues considered

Whether the High Court can issue a direction under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, directing a magistrate to decide a pending case within a specific time‑frame.
Whether any legal impediment exists that would prevent the expeditious disposal of the domestic‑violence case.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
Protection of Women from Domestic Violence Act, 2005 — s. 12, 18, 19, 20, 22, 23

Subjects

Section 529
expeditious disposal
domestic violence
Protection of Women from Domestic Violence Act
procedural direction
High Court of Allahabad

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 529 BNSS No. - 4520 of 2026

                                    Ilma Khan
                                                                                                     .....Applicant(s)
                                                                          Versus

                                    State Of U.P. And 6 Others
                                                                                                         .....Opposite
                                                                                                               Party(s)

                                    Counsel for Applicant(s)      : Babita Upadhyay, Sanjeev Kumar Gaur
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 77
                                                     HON'BLE SANJAY KUMAR PACHORI, J.

                                    Heard Ms. Babita Upadhyay, learned counsel for the applicant, Sri B.N.
                                    Upadhyay, 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 Additional Chief Judicial Magistrate, Court No. 6, Aligarh to decide the
                                    Case No. 400 of 2024 (Ilma Khan Vs. Abdul Rashid and others) under Sections
                                    12, 18, 19, 20, 22, 23 of Protection of Women from Domestic Violence Act,
                                    2005, Police Station Dehligate, District-Aligarh within stipulated period.

                                    Considering the fact that the case is pending since 2024, without expressing any
                                    opinion on the merits of the case, this application is finally disposed of with a
                                    direction to the Additional Chief Judicial Magistrate 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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