Aastha Singh v. Vishvendra Singh & ORS.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 555/2024 AASTHA SINGH ..... Petitioner Through:

Ms.Preeti Singh, Mr.Sunklan Porwal and Mr.Shakeel Ahmed, Advocates.

versus VISHVENDRA SINGH & ORS.

..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 16.02.2024 CRL.M.A.5069/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

W.P.(CRL) 555/2024 1.

Petition under Articles 226 & 227 of the Constitution of India read with Section 482 the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been preferred on behalf of the petitioner seeking expeditious disposal of the complaint under the Protection of Women from Domestic Violence Act, 2005 (hereinafter, referred to as the „DV Act‟) pending before learned MM, South-East, Saket Courts. Delhi.

2.

Learned counsel for the petitioner submits that proceedings under the DV Act are expected to be completed within a period of 60 days from the date of its first hearing in terms of Sub-section (5) of Section 12 of the DV Act. It is further submitted that the matter is listed before the learned Trial Court for consideration of objections on the point of jurisdiction and prays that directions be given to learned Trial Court to dispose of the proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2024 at 14:51:08

in a time bound manner.

3.

Perusal of the order dated 20.01.2024 reflects that an application for early hearing preferred on behalf of the petitioner/complainant was dismissed by the learned Trial Court observing that the Court had a heavy board and is dealing with cases of offences against women and DV Act pertaining to jurisdiction of ten police stations and as such it is not feasible to pre-pone the date of hearing.

4.

A case may be posted for an early hearing only if the Court is satisfied with the reasons furnished therein. Similar number of cases are by and large pending in most of the Courts, barring a few exceptions. The redistribution of cases, if required and feasible, can be appropriately looked into on administrative side considering the issues of jurisdiction and administrative compulsions.

Considering the number of dockets with the respective Trial Courts, it may not be appropriate to direct the Trial Court to give a preference or priority to the petitioner who had filed the complaint only in the year 2022. However, an endeavour shall be made by the learned Trial Court to dispose of the objections on the point of jurisdiction, which go to the root of the matter on 28.03.2024 or a short date fixed thereafter but within a period of two months from 28.03.2024.

Petition is accordingly disposed of.

A copy this order be forwarded to learned Registrar General of this Court as well as learned Trial Court for information. ANOOP KUMAR MENDIRATTA, J FEBRUARY 16, 2024/v The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2024 at 14:51:08