Allahabad High Court
Namita Chaudhary vs State Of U.P. And 6 Others on 13 July, 2023
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:139241 Court No. - 4 Case :- APPLICATION U/S 482 No. - 22033 of 2023 Applicant :- Namita Chaudhary Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Vibhu Rai,Abhishek Tripathi Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.
1. Heard Mr. Dhananjay Rai, learned counsel, holding brief of Mr. Vibhu Rai, learned counsel for the applicant, learned AGA for the opposite party no.1 and perused the record.
2. The present application under Section 482 Cr.P.C. was filed with the prayer to direct the Additional Chief Judicial Magistrate, Fast Track Court-1, District Aligarh to expeditiously decide the Case No.710 of 2020 (Namita Chaudhary Vs. Haresh Solanki and others), under Section 12, 18, 19, 20 of Domestic Violence Act.
3. In view of the order proposed to be passed, notices need not go to the private opposite parties.
4. It is argued by counsel for the applicant that applicant is meritorious lady having duly qualified the Provincial Civil Services (P.C.S. for brevity) Examination of the State of U.P. The sister of the applicant is also an Officer under the Provincial Civil Services in the State of U.P. The applicant got married with opposite party no.2-Haresh Solanki on 20.04.2018 but wholly illegally the husband of the applicant/opposite party no.2 started demanding money from from the family of the applicant. Hence first information report was lodged by the applicant on 11.10.2020 being Case Crime No.353 of 2020, under Section 498-A, 323, 504, 506 IPC read with Section 3/4 Dowry Prohibition Act at Police Station Sasnigate, District Aligarh. Apart from the same, applicant also filed a case being Case No.710/2020, under Section 12, 18, 19 and 20 of Domestic Violence Act. It is further argued that charge-sheet has been submitted in the case filed by the applicant under the Domestic Violence Act. It is further argued that more than three years have lapsed but till date no decision has been taken in the matter. Hence a direction be issued to the court below to decide the same expeditiously.
5. Learned AGA has no objection.
6. Since the matter is pending for last more than three years and the same is pertaining to the domestic violence hence in the special facts and circumstances of the case, the present application is disposed of directing the Additional Chief Judicial Magistrate, Fast Track Court-I, District Aligarh to decide the aforesaid case strictly in accordance with law most expeditiously and preferably within a period of four months unless there is no legal impediment without granting any unnecessarily adjournment.
7. The Registrar (Compliance) is directed to communicate this order to Additional Chief Judicial Magistrate, Fast Track Court-I, District Aligarh through District Judge, Aligarh within a week.
Order Date :- 13.7.2023 Pramod Tripathi