Shabana Khatoon vs State Of U.P. And Another
2023 Latest Caselaw 17307 ALL

Citation : 2023 Latest Caselaw 17307 ALL
Judgement Date : 13 July, 2023

Allahabad High Court

Shabana Khatoon vs State Of U.P. And Another on 13 July, 2023

Bench: Sanjay Kumar Singh





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:138791
 
Court No. - 88
 

 
Case :- APPLICATION U/S 482 No. - 24669 of 2023
 

 
Applicant :- Shabana Khatoon
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sanjay Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Singh,J.

Heard Mr. Aniruddha Singh, learned counsel, holding brief of Mr. Sanjay Kumar Singh, learned counsel for the applicant, learned Additional Government Advocate for the State/opposite party no.1 and perused the record.

By means of this application, the applicant has prayed for expeditious disposal of case being Execution Case No. 29/11/2019 (Shabana Khatoon Vs. Anis), under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short "Act, 2005") pending in the Court of Additional Chief Judicial Magistrate, Court No. 9, Basti within the time-bound frame.

It is submitted by learned counsel for the applicant that the applicant is wife of opposite party no. 2. The proceeding under Section 12 of the Act, 2005 initiated by opposite party no. 2 has been finally decided vide judgment and order dated 05.03.2016. Thereafter, applicant no. 2 moved recall application which was dismissed vide order dated 02.11.2016 and the said order was challenged by opposite party no. 2 in Criminal Revision No. 9 of 2017 before the Sessions Judge, Basti and that too has been dismissed vide order dated 25.05.2017 and thereafter aforesaid execution proceeding initiated by the applicant is still pending.

Learned AGA states that no useful purpose would be served in issuing notice to opposite party and keeping this application pending before this Court and it may be disposed of at this stage itself.

Considering the limited grievance of the learned counsel for the applicant, learned trial court is directed to make an endeavour to decide the aforesaid case, as expeditiously as possible, preferably within a period of three months from the date a certified copy of this order is produced before it, if there is no legal impediment.

With the aforesaid directions, this application is disposed of.

Order Date :- 13.7.2023

Shubham