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IN THE HIGH COURT OF MADHYA PRADESH
Anjuli Palo, J.
Supreet Kaur Anand – Appellant
Versus
Pushvindar Singh Anand & Ors. – Respondents
Miscellaneous Criminal Case No. 5416 of 2023
Decided On : 01-02-2023
Section 482 - Domestic Violence Act - Court directs expeditious trial under Section 12 of the Domestic Violence Act
Fact of the Case:
The applicant sought a direction for the trial court to conclude the trial within 30 days under Section 482 of the Cr.P.C.
Finding of the Court:
The court, considering the limited relief sought and the provisions of Section 12 of the Domestic Violence Act, directed the lower court to proceed expeditiously and decide the pending case within 60 days.
Issues: Expedited trial under Section 482 of the Cr.P.C. and Section 12 of the Domestic Violence Act
Ratio Decidendi: The court's decision was influenced by the interest of justice and the provisions of Section 12 of the Domestic Violence Act, emphasizing the need for expeditious proceedings.
Final Decision: The M.Cr.C. was allowed and disposed of with the direction for expeditious proceedings in the pending case.
JUDGMENT
Anjuli Palo, J. - The applicant has filed this petition seeking following reliefs:-
"I. That, this Hon'ble Court may kindly be pleased to direct the learned Court below to conclude the trial in MJCR No.1304/2022 within 30 days.
II. Any other order or direction whichever this Hon'ble Court deems fit and proper may kindly be passed in the ends of justice."
2. Having heard learned counsel for the applicant and in view of the limited relief, as aforesaid, prayed by the applicant in this petition filed under Section 482 of the Cr.P.C., in the interest of justice and keeping in view the provisions of Section 12 of the Domestic Violence Act, this petition is disposed of with the direction that the Court below shall proceed in the matter expeditiously and decide the aforesaid pending case as expeditiously as possible, preferably within a period of 60 days from today.
3. M.Cr.C. stands allowed and disposed of, accordingly.
Certified Copy as per rules.
The court emphasized the need for expeditious trial under Section 12 of the Domestic Violence Act, in line with the interest of justice.
Domestic Violence Act, 2005 has been enacted with object of providing effective rights of protection to women guaranteed under Article 15 of Constitution, who are victim of any kind of violence withi....
The court mandates expedited hearings for domestic violence applications under the D.V. Act, stressing the need to avoid delays caused by additional petitions and encouraging timely resolutions.
The High Court, in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India, can issue directions to subordinate courts to expedite the disposal of a pending case withi....
Court exercises jurisdiction under Article 227 to ensure timely resolution of domestic violence cases.
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