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Allahabad High Court

SMT JYOTI GANGWARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court directed the Civil Judge/Fast Track Court, Rampur to decide the pending domestic violence case within six months, without unnecessary adjournments, under its powers under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

Smt Jyoti Gangwar filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Civil Judge (J.D.)/Fast Track Court, Rampur to decide Complaint Case No. 369 of 2025 filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which had been pending since 2025. The High Court, after hearing counsel for both parties, noted the undue delay but did not opine on the merits of the domestic violence complaint. It exercised its powers under Section 529 to order the lower court to dispose of the pending case as expeditiously as possible, preferably within six months, and to avoid unnecessary adjournments. The order also required the production of a certified copy of the decision. No other legal impediment was identified. The application was consequently 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 domestic violence case within a stipulated time frame.

Legislation cited

Subjects

  • Section 529
  • expeditious disposal
  • domestic violence
  • Protection of Women from Domestic Violence Act
  • Fast Track Court
  • adjournments
  • civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4780 of 2026

                                    Smt Jyoti Gangwar
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)         : Lalit Prakash Gangwar, Yashasvi Shukla
                                    Counsel for Opposite Party(s)    : G.A.

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

                                    Heard Shri Vivek Gangwar, Advocate holding brief of Shri Lalit Prakash
                                    Gangwar, learned counsel for the applicant, Shri A.K. Rai, learned A.G.A.
                                    for the State and perused 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 (J.D.)/ Fast Track Court, Rampur to decide the
                                    Complaint Case No. 369 of 2025, under Section 12 Protection of Women
                                    from Domestic Violence Act 2005, Police Station Milak, District Rampur
                                    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 (J.D.)/ Fast Track Court, Rampur 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 the order, 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 18, 2026
                                    T. Sinha
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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