Shabnam Bano v. State of U.P. Thru. Addl. Chief Secy. Home Lko and 15 Others

Court No. - 16 Case :- MATTERS UNDER ARTICLE 227 No. - 4447 of 2024 Petitioner :- Shabnam Bano Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And 15 Others Counsel for Petitioner :- Ram Milan Yadav Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Ram Milan Yadav, learned counsel for the petitioner as well as Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction commanding the opposite party no.2 i.e. learned Civil Judge, Junior Division, Court No.24, Pratapgarh to expeditiously decide the Case No.804/2016, under Section 12 of Domestic Violence Act, 2005 pending since 25.10.2016. Learned counsel for the petitioner submits that a positive direction be given to the learned Civil Judge, Junior Division, Court No.24, Pratapgarh to decide the aforesaid case within a stipulated period. Learned A.G.A.-I has no objection on the prayer made by the learned counsel for the petitioner and submits that a positive direction be given to the learned Civil Judge, Junior Division, Court No.24, Pratapgarh to decide the case of the petitioner, as merely keeping pending the same by the learned Civil Judge, Junior Division, Court No.24, Pratapgarh does not suffice any purpose of the litigation. In view of the statements made by the learned counsel for the parties, the learned Civil Judge, Junior Division, Court No.24, Pratapgarh is directed to decide the aforesaid case expeditiously i.e. within six months, without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case. With the aforesaid observation, the petition is disposed of finally. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this petition and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 18.9.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench