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The Lucknow Bench of the Allahabad High Court, on Monday 18th January, heard a protest petition against the undue delay they had faced in the disposal of a matter filed under the Domestic Violence Act. Justice Rekha Dikshit of the Lucknow Bench of the Allahabad High Court on Monday heard the protest petition in the matter of Radha v. State of Uttar Pradesh (U/S 482/378/407 No. - 144 of 2021). The petitioner claimed that their plea, filed under Section 12 of the Domestic Violence Act in Case No. 104/2018, has been delayed since 2018. They also submitted that the Subordinate Court had failed to uphold the law as the case was essentially a summary and had not been decided within the time stipulated by law.
The Court took into consideration the contentions submitted by the petitioner and then delivered their judgment. The Court held that the Judicial Magistrate was wrong in causing undue delay in the matter by allowing unnecessary adjournments. The Court also ordered the Judicial Magistrate to give speedy judgment in this matter and if it is possible then the judgment should be delivered within three months. It stated that it is the fundamental right of the citizens to receive speedy justice. They opined that judges should not unnecessarily linger on the proceedings of certain matters.
The Court also stated that the Advocates or the legal counsel should act in a responsible manner and do not cause delay to the proceedings of the Court. For reaching this conclusion, the Court relied on the judgments passed in the case of Noor Mohammed v. Jethanand and the case of Shiv Cotex v. Tirgun Auto Plast (P) Ltd. It also ordered that the judges should not give adjournments without taking into consideration the facts of the case. They should only allow an adjournment when it is absolutely necessary.
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