Allahabad High Court
SUDAMA ALIAS SHIVANI PALversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court disposed of the application, directing the Judicial Magistrate to decide the pending domestic violence case within six months and to refrain from unnecessary adjournments.
Summary
The applicant, Sudama alias Shivani Pal, filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Judicial Magistrate of Jaunpur to dispose of a pending case (Case No. 25 of 2022) filed under Section 12 of the Protection of Women from Domestic Violence Act. The High Court observed that the case had been pending since 2022 without any substantive hearing on its merits. Consequently, the Court directed the lower court to decide the matter expeditiously, preferably within six months, and to avoid unnecessary adjournments. No substantive merits of the domestic violence case were addressed. The application was therefore disposed of with the said direction.
Issues considered
- Whether the High Court can issue a mandatory direction to a Judicial Magistrate to dispose of a pending case within a specified time frame under Section 529 Cr.P.C.
Legislation cited
Subjects
- Section 529 CrPC
- Protection of Women from Domestic Violence Act
- judicial delay
- directions to lower court
- expedited disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4760 of 2026
Sudama Alias Shivani Pal
.....Applicant(s)
Versus
State Of U.P. And 8 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sheshmani Vishwakarma
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Sheshmani Vishwakarma, learned counsel for the applicant and
Sri Karunakar Singh, learned A.G.A. for the State and perused material on
record.
The present application under Section 529 Cr.P.C. has been filed by the
applicant with a prayer to issue a direction to the Judicial Magistrate,
Jaunpur to decide the Case No. 25 of 2022, under Sections 12 of Protection
of Women From Domestic Violence Act, Police Station Madiyahu, District
Jaunpur within stipulated period.
Considering the fact that the case has remained pending since 2022, without
expressing any opinion on the merits of the case, this application is finally
disposed of with a direction to the court below to decide the aforesaid case in
accordance with law, as expeditiously, preferably within a period of six
months without granting any unnecessary or long adjournments to either of
the parties, if there is no other legal impediment.
With the aforesaid directions, the application stands disposed of finally.
September 17, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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