Learned counsel for the applicants/petitioners and learned A.G.A. for the State are present.
This petition under Section 483 Cr.P.C. has been filed for a direction to the Additional Chief Judicial Magistrate-III, Room No. 27, Lucknow to decide Complaint Case No. 1197 of 2016 (Smt. Pooja @ Jaya and another Vs. Jeetu @ Vivek and others), filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station Sadatganj, District Lucknow, within 60 days in terms of Section 12 (5) of the Protection of Women from Domestic Violence Act, 2005.
It has been submitted by learned counsel for the applicants that applicant No.1 is the lady who has no means of livelihood and applicant No.2 is her minor daughter. Applicant No.1 was tortured by her husband and other family members of in-laws. Hence, applicants moved the application under Section 12 of Protection of Women from Domestic Violence Act, 2005 vide Complaint Case No.1197 of 2016 (Smt. Pooja @ Jaya and others Vs. Jeetu @ Vivek and others). Learned counsel has further submitted that applicants are residing separately and they have no means for their maintenance. The aforesaid case is pending before the Additional Chief Judicial Magistrate-III, Court No.27, Lucknow since 2016. Despite passing of four years, no substantial progress took place in the case. Learned counsel for the applicants has also submitted that applicants are living their life in miserable condition.
Learned counsel for the applicants has further submitted that the court concerned may be directed to dispose of the case in a specific time frame.
Learned A.G.A. did not dispute the prayer. However, he submitted that there are so many factors responsible for delay in disposal of the case. Subordinate courts are having heavy pendency as well as at present normal functioning of the courts was disturbed due to Covid-19 pandemic situation.
Considering the arguments, it is not necessary to issue notice to opposite parties Nos. 2 to 6. Hence, notice to opposite parties Nos. 2 to 6 is dispensed with.
In view of the arguments advanced by learned counsel for the applicants and learned A.G.A. and also considering the fact that the case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is pending since 2016, particularly keeping in view the intention of the law which is apparent by the enactment of Section 12 (5) of the Act, for expeditious disposal of the case, this petition under Section 483 Cr.P.C. is disposed of with the direction to the court concerned to decide the case expeditiously, preferably within a period of six months from the date of production of certified copy of the order, in accordance with law.
Order Date :- 27.1.2021 ML/-