Court No. - 64
Case :- APPLICATION U/S 482 No. - 17116 of 2019 Applicant :- Smt Neetu Yadav And 2 Others Opposite Party :- State Of Up And 5 Others Counsel for Applicant :- Chandra Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for a direction to leaned Judaical Magistrate Ist Gorakhpur to decide the case no. 1190 of 2016( Smt. Neetu Yadav and others) Deepak Yadav and others) under section 12 of Domestic Violence Act P.S. Tiwaripur district Gorakhpur pending in the court of Judicial Magistrate Ist Gorakhpur.
In this case, the applicant happens to be complainant and she seeks disposal of the aforesaid case on the ground that proceedings have been initiated and opposite party nos.2, 3, 4,5 and 6 have not appeared before the court below and the applicant being wife of opposite party no.2 suffers great harassment.
I have considered the submissions advanced by learned counsel for the applicant and perused the record.
Obviously, the court below is under obligation to expedite the proceeding adhering to the provision of Section 309 Cr.P.C.
In this view of the matter, this application is disposed of with the direction that the trial court will expedite and dispose the aforesaid case in accordance with law expeditiously from the date of production of a certified copy of this order before it after affording opportunity of hearing to the parties concerned preferably within a period of two months, if there is no legal impediment.
Order Date :- 30.4.2019 N.A.