Allahabad High Court
SMT. SONI YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Judicial Magistrate‑III, Gorakhpur to decide the pending domestic violence complaint within six months, without unnecessary adjournments, exercising its supervisory jurisdiction under Section 529 BNSS.
Summary
The applicant, Smt. Soni Yadav, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court direction that the Judicial Magistrate‑III in Gorakhpur decide Complaint Case No. 36267 of 2025, filed under Section 12 of the Protection of Women from Domestic Violence Act, within a reasonable time. The High Court noted that the complaint had been pending since 2025 and, without addressing the merits, exercised its power under Section 529 to order the magistrate to dispose of the case expeditiously, preferably within six months, and to avoid unnecessary adjournments. The court directed the magistrate to produce a certified copy of the order and to proceed in accordance with law. The application was consequently disposed of with the said direction. The order emphasizes prompt adjudication of domestic violence complaints and the court’s supervisory jurisdiction over lower courts.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct a Judicial Magistrate to decide a pending domestic violence complaint within a stipulated period.
- Whether the delay in adjudicating Complaint Case No. 36267 of 2025 warrants a supervisory direction to prevent further adjournments.
Legislation cited
Subjects
- Section 529
- BNSS
- Protection of Women from Domestic Violence Act
- domestic violence
- judicial magistrate
- expeditious trial
- adjournments
- supervisory jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4790 of 2026
Smt. Soni Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Siddharth Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Siddharth Yadav, learned counsel for the applicant, Shri
Karunakar Singh, 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 Judicial Magistrate-III, Gorakhpur to decide the Complaint
Case No. 36267 of 2025, under Section 12 of Protection of Women from
Domestic Violence Act, Police Station Khajani, 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 Judicial Magistrate-III, 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 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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