Sonam v. State Of U.P. And 5 Others

Heard Sri Abhishek Tiwari (A/A-0367 of 2019) holding brief of Sri Arivnd Kumar Tiwari, learned counsel for the applicant, and learned A.G.A. for the State and perused the record.

The instant application under Section 482 Cr.P.C. has been filed to direct the Additional Chief Judicial Magistrate, Sadabad, Hathras to decide the Complaint Case No.1251 of 2021, under Sections 12, 18, 19, 20, 21, 22 & 23 of Protection of Women from Domestic Violence Act, 2005, Police Station- Sadabad, District- Hathras within stipulated period as may be fixed by this Court.

Contention of counsel for the applicant is that the present case is pending since 2021 and till date it has not been decided. It is further submitted that as per Section 12 (5) of the Protection of Women from Domestic Violence Act, 2005, the Magistrate shall endeavour to dispose of every application made under Sub-section (1) within a period of sixty days from the date of its first hearing. Therefore, direction may be issued to decide the case of the applicant within specific period of time.

Considering the aforesaid submissions and mandate of Section 12(4) and 12(5) of Protection of Women From Domestic Violence Act, 2005, Additional Chief Judicial Magistrate, Sadabad, Hathras is directed to conclude the proceeding of the aforesaid case expeditiously preferably within a period of next 60 days from the date of receipt of this order, in accordance with law.