Allahabad High Court
SMT. SHALINI KAPILAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Additional Civil Judge to decide the pending domestic violence complaint within six months, without unnecessary adjournments, exercising its supervisory power under Section 529.
Summary
The applicant, Smt. Shalini Kapila, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court direction to the Additional Civil Judge (Junior Division)/F.T.C‑I, Agra, to dispose of a pending complaint (Case No. 25631 of 2021) filed under Section 12 of the Protection of Women from Domestic Violence Act. The complaint had been pending since 2021. The High Court, after hearing counsel, did not opine on the merits of the domestic violence case but exercised its supervisory jurisdiction to order the lower court to decide the matter expeditiously, preferably within six months, and to avoid unnecessary adjournments. The order also required the production of a certified copy of the lower court’s order. 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, direct a lower court to decide a pending case within a specified time‑frame.
- Whether the delay in adjudicating the domestic violence complaint violates the principles of speedy trial.
Legislation cited
Subjects
- Section 529
- Bhartiya Nagrik Suraksha Sanhita
- Protection of Women from Domestic Violence Act
- delay in trial
- court direction
- adjournment
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4797 of 2026
Smt. Shalini Kapila
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Prabhansh Pathak, Sudhir Kumar Pathak
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Prabhansh Pathak, 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 Additional Civil Judge ( Junior Division)/ F.T.C-I, Agra to
decide the complaint case No. 25631 of 2021, under Section 12
of Protection of Women from Domestic Violence Act, Police Station
Jagdishpur, District Agra, within stipulated period.
Considering the fact that the case is pending since 2021, without expressing
any opinion on the merits of the case, this application is finally disposed of
with a direction to the Additional Civil Judge ( Junior Division)/ F.T.C-I,
Agra 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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