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Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

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The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in a case filed under Section 12 of the Domestic Violence Act, pending since 2018.


Facts and Submissions:

The Petitioner herein had filed a protest petition before the High Court of Allahabad. The case of the Petitioner was that the plea filed by the Petitioner under Section 12 of Domestic Violence Act, 2005 has been delayed since 2018. It has been submitted by the Petitioner that the Subordinate Courts had failed to uphold the law as the case was essentially a summary in nature. Yet it had not been decided within the time stipulated by law. Hence, the present petition sought direction from the Judicial Magistrate in Faizabad for the speedy disposal of the case. It was argued that the ends of justice would be met if the direction was issued to the concerned Court.


Court’s Observation:

The Court heard the contentions submitted by the Petitioner. On which, the Court observed that undue delay in a matter by allowing unnecessary adjournments was invalid. The Court further relied on the judgement of Noor Mohammed v. Jethanand; (2013) 5 SCC 202. where it has been observed that speedy justice is a foundational concept of democracy, and such a right is a natural right.


The Court also referred to Shiv Cotex v. Tirgun Auto Plast (P) Ltd., where it had been stated that adjournments should only be allowed when it is absolutely necessary. Lastly, the Court stated that to receive speedy justice is a fundamental right of the citizens. Hence, judges should not unnecessarily linger on the proceedings of certain matters.


Court’s Order:

A Single Judge Bench comprising Justice Rekha Dikshit directed the Judicial Magistrate, Faizabad to consider and decide the matter within three months and deal the same in accordance with the law. The Court also directed Advocates and Counsels to act in a responsible manner and not to cause a delay in the proceedings of the Court.


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