JITENDRA KUMAR SHARMA v. STATE OF U.P. THRU. SECY. HOME DEPTT. CIVIL SECRETARIAT LKO. AND 2 OTHERS
A482/1196/2025 · 2025-02-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122348 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122348 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8508 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1196 of 2025 Applicant :- Jitendra Kumar Sharma Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Civil Secretariat Lko. And 2 Others Counsel for Applicant :- Ajay Kumar Tripathi,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned AGA for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. This application has been filed seeking following relief:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 17.10.2024 passed by Additional Chief Judicial Magistrate Court no. 4 Lucknow in complaint case no.1560/2022, under section 12 D.V. Act, Police Station Vikas Nagar, Lucknow, contained in Annexure no. I to this application."
Learned counsel for the petitioner submits that an appeal under Section 29 of the Domestic Violence Act was filed by the petitioner on 09.01.2024, challenging the order dated 04.10.2023 passed under Section 12 of the same Act. Neither the appeal, nor the application for interim relief has been decided yet. In the meantime, vide impugned order dated 17.10.2024, the learned court below, i.e., the Additional Chief Judicial Magistrate, Court No. 28, Lucknow, has passed a consequential order directing for compliance of the order dated
04.10.2023. It is further submitted on behalf of the petitioner that, in case, the order dated 04.10.2023 is complied, the appeal will be rendered infructuous. Hence, he prays that the pending appeal
may be directed to be expedited first. In view of the above as well as considering the fact that the appeal filed under Section 29 of the Domestic Violence Act is pending adjudication for the last one year and no order has been passed yet on application for interim relief, the petitioner is
disposed of with a direction to the learned Appellate Court to decide the appeal expeditiously and also decide the application for interim relief, if any, within one month from the date of production of a certified copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case.
Order Date :- 10.2.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench