Allahabad High Court
SMT JYOTI GANGWARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
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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